The Delhi High Court on Thursday sought to know from the Centre and the Land and Development Office under the Ministry of Urban Development about their stand on the neighbourhood rule sought to be applied by the Delhi government for nursery admissions in private schools on government land.
Lease not issued by DDA
Justice Manmohan issued notices to the Centre as he noted that the lease deed issued to the schools is not by the DDA but by the Land and Development Office, MoUD.
The Bench was hearing separate petitions moved by the 298 schools against the January 7 notification of the Delhi government announcing that the schools established on DDA land will have to compulsorily admit students from the neighbourhood.
As per the notification, students residing within one km of the school will be given admission.
If seats remain vacant, preference will be given to those students residing within 1-3 km. Students residing beyond 6 kms shall be admitted only in case vacancies remain.
“You see, it is not the DDA which makes the lease deed. The lease deed is made by the L&DO which comes under the Ministry of Urban Development. So let me know what the Centre has to say on this. I want to know if there is any such criterion as neighbourhood principle in the lease deed signed with different schools. We have to see if L&DO has a different view on this,” said Justice Manmohan.
Two sections of schools
The Bench was hearing separate petitions by Action Committee Unaided Recognised Private Schools filed through advocate Kamal Gupta and also the Forum for Promotion of Quality Education.
The schools told the Bench on Thursday that the AAP government's notification creates two categories of schools — one where they are free to follow own criteria and the other where they have to follow the government guidelines because they are on DDA land.
“The notification has created a scenario of right of neighbourhood children versus right of schools,” said the counsel appearing for private schools.The arguments on the matter will continue on Friday.
