The Delhi High Court today dismissed the challenge to a Single Bench verdict of allowing management quota to continue in nursery admissions of the city’s schools.
The Bench of Justice Manmohan had earlier held that the Delhi Government’s January 6 order of scrapping management and all other quotas for admission, was issued ‘without any authority’ and was in ‘direct conflict’ with the order of 2007 issued by the Lt-Governor.
Senior Counsel Guru Krishna Kumar had appeared for the Government before a Division Bench of Chief Justice G Rohini and Jayant Nath. He had argued that the Single Bench’s verdict was ‘erroneous’ insofar as holding that the January 6 order was issued ‘without any authority’.
The Division Bench has chosen to focus on this aspect while delivering its verdict.
“The Recognized Schools (Admission Procedure for Pre-Primary Class) Order, 2007 (in short, 2007 Order) was issued by the Lieutenant Governor of NCT of Delhi in exercise of the powers conferred by Section 3(1) of Delhi School Education Act, 1973 (for short DSE Act) read with Rule 43 of the Rules made thereunder.
As rightly held by the learned Single Judge, the modification/substitution of the admission procedure for pre-primary classes since has been an occupied field, can be effected only by way of an amendment to 2007 Order. The learned Single Judge was also right in holding that the Lieutenant Governor of Delhi alone is competent to make any such amendment to 2007 Order in view of Sections 2(a) and 3 of the DSE Act and Rule 43 of the DSE Rules.”
Terming the order of the Government as a ‘mere executive/administrative order’, the Bench has held that an order of such nature cannot take the place of law made by the legislature.
“Therefore, the action of DoE in seeking to modify/substitute the admission procedure by issuing the order dated 06.01.2016 undoubtedly amounts to exercising the power conferred on the Lieutenant Governor under Section 3(1) read with Section 2(a) of the DSE Act and the Rules made thereunder.
The same being impermissible under law, the learned Single Judge was right in holding that the said order is without authority.”
You can read the judgment here.
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