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2013 (2) TMI 213 - PUNJAB AND HARYANA HIGH COURTWards of the petitioners were in the age group of 3 years and plus and are eligible to seek admission in schools in a class which is described as Pre-Nursery - According to the existing criteria adopted by the schools, a child of 3+ years, is eligible for Pre-Nursery and a child of 5+ is eligible for seeking admission in Class-I – District education Officer clarified that the existing age criteria of 3 years for Pre-Nursery and 5 years for Class I respectively on the Ist April of the academic year will enure – on some further querries made by the four private schools of the U.T. namely –It was stated that in view of the various representations made by various parents expressing difficulty in admission of their wards, you may continue with the criteria followed by you in the past. The contention of the petitioners is that all the schools ought to have followed a uniform policy and to substantiate this contention, reference has been made to a judgment of the Delhi High Court which while considering an almost similar controversy, constituted a Committee by the name of Ganguly Committee whose recommendations were accepted by the Director of Education and NCERT, Delhi. Held that:- Provisions of R.T.E. Act do not contemplate the pegging of the age of a child at the admission to elementary school as 6 years and in the absence of any prejudice, the decision seems irrational and sans any foundation - Private schools certainly have a right to fix the norms and adopt a criteria for admission to their schools and if they do so, there is no illegality, provided such a decision satisfies the tests of fairness, reasonableness, transparency and being non exploitative but the reason given by them for doing so, does not seem to be rational – Providing any cut of date is likely to have the impact of inclusion and exclusion both, so therefore any such date which is provided should have a sustainable logic based on serious inputs in this regard – It is not the case that any serious inputs have gone into such a decision making, which inputs have been derived on a sound study of the issue. In the given circumstances of the case, Court directed the followings:- (1) It is desirable and in the interest of the children and their parents that a somewhat uniform policy is adopted so as to create a harmonious process of regulated admissions. (2) Such a process would obviate the chance of children of different age groups competing with each other. (3) All the four schools namely Sacred Heart School, Sector 26, Carmel Convent School, Sector 9, St.John School, Sector 26, and St.Anne School, Sector 32, Chandigarh would, as a one time measure, consider the cases of all the children who are born upto 30.9.2006. (4) Schools may issue a communique about the directions given in this judgment which shall be sufficient notice to the desirous parents with no further publication of a notice. (5) The schools need not give any separate notice for this purpose. However, they shall display it on their notice-boards. (6) As per the norms set up by the Chandigarh Administration, the schools shall also be entitled to charge fee of Rs.100/- on the admission form given out by them. If the forms are available on the website of the schools, the same be downloaded by the parents and submitted to the school along with fee of Rs.100/-. (7) The forms shall be accepted by the 20th of February, 2011. Each school is thereafter free to fix the date for admission. The forms shall be scrutinised by the schools in another three days after receipt and thereafter a date shall be fixed for holding draw of lots as per their convenience, which date shall be given out to the applicants/parents. these directions should not result in euphoria for those who might perceive it as a vindication of their stand, nor should it be perceived as a derision of those whose decision has not been appreciated, but this should be treated as an opportunity to all, where we put our heads together to evolve a mechanism, where our young ones do not have to see a brooding gloominess in the process which otherwise is the beginning of their journey on the path of enlightenment. The entire material be thus placed before the Court. The Administration shall form a panel of educationalists, sociologists, psychologists to suggest a proper age for admission in the initial classes and to ascertain a uniform policy. Adjourned to 27.4.2011.
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