Challenging a long delay of seven years in passing the Delhi School Education (Amendment) Bill, 2015 which bans screening procedure in nursery admission in schools, a public interest litigation (PIL) was filed on Monday in the Delhi High Court.
Over 1.5 lakh school-going children between ages of three and six have been caught in a pincer grip between the Centre and the Delhi government as both remain undecided on passing the Bill.
Private schools adopt screening of children three years and above, which is unethical, said Ashok Agarwal, a senior Delhi-based advocate, who filed the PIL. “While this is already prohibited under Right to Education (RTE) Act, RTE does not apply to children below six years of age, and does not cover admission of children at pre-primary level.”
Currently, there is a management quota and point system criteria for admission of children in nursery class pertaining to screening, the PIL states. Criteria such as alumni, siblings studying in same school and distance of residence from school are all a part of the screening. Points are assigned out of 100 for each of these parameters. “Those with maximum points find seats automatically. If there are more children than seats, school would go for draw of lots,” said Mr. Agarwal.
Caught between Centre, State
After passing the Bill in the Delhi Assembly in 2015, the State government had sent it to Lieutenant-Governor (L-G) for assent, and the L-G relayed it to the Centre for consideration. The Centre sent it back to the Delhi government on September 29, 2021 seeking changes.
In a written reply dated April 11 last month, the Ministry of Home Affairs cited the Education Ministry as stating that the latter’s comments will be provided once the Bill is drafted by the Delhi government in conformity with the National Education Policy 2020. It further stated that the revised Bill had not been received by the Ministry yet.
“Almost seven years have elapsed without a decision and pre-primary level admissions are going on unchecked and adversely affecting the interest of children. Enacting the law banning screening procedure at entry level (nursery/pre-primary) is important as all admissions in unaided private schools are taking place at entry level for children below six years of age,” Mr. Agarwal said.
The pending Bill of 2015 prohibits any capitation fee (any kind of donation, contribution or payment other than the school fee), and use of any screening procedure which gives preference of admission to one child over another. It also proposes to levy a fine which may extend to 10 times the capitation fee charged or ₹5 lakh, whichever is higher, and imprisonment of three years for violations.
