Management quota to stay in Delhi nursery schools, rules Delhi High Court

The Delhi High Court today allowed for the admission of children in nurseries under the management quota fixed by the private unaided schools. Justice Manmohan stayed the operation of the Delhi Government’s January 6 order that had scrapped management and all other quotas for admission..The order, that came in the background of pleas filed by private schools, also goes on to state that the impugned officer order was issued ‘without any authority’ and was in ‘direct conflict’ with the order of 2007 issued by the Lt-Governor..The 2007 order had permitted management quota up to twenty per cent, as per the provisions of the Delhi School Education Act 1973. The court held that the removal of this quota infringes on the right of private schools..“Promoters of a school who make investment at their own personal risk are entitled to full autonomy in administration including the right to admit students. Executive instruction in the form of an administrative order unsupported by any statutory provision is not a justifiable restriction on fundamental rights.”.Senior counsel Dushyant Dave, on behalf of the Petitioners, had submitted that their pleas were confined to challenging only eleven out of the sixty-two criteria, besides the management quota, which according to them was not a criterion..The Bench records this submission in its order and goes on to state,.“There is nothing in the eleven criteria which would show that they are unreasonable or based on whims and fancies and/or they can lead to mal-administration. .Taking into account the parentage of the child may be relevant in certain circumstances, for instance, if the father of the child was a recipient of a gallantry award or a sports award or had given valuable advice and service to the school like a Doctor, then giving preference to such a ward in admission would not constitute maladministration….…..the criteria which promote admission of a girl child and/or adopted children are not only in consonance with Constitutional norms, but also the need of the hour.”.Deputy Chief Minister Manish Sisodia, who had made his submissions during the hearing, had stated that private schools in the Capital were running an “admission racket” under the guise of management quota..Noting this, the Bench made it clear that any allegations of malpractice like sale of seats in the management quota ought to be investigated, but that alone could not be treated as a ground to abolish the quota itself..You can read the order here.