TMI Blog2010 (8) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... : Mr. Ashok Agarwal Mr. J.B. Prakash, Advocates. For the Respondent : Mr. Somdutt Kaushik, Adv., Mr. S.Q. Kazim, Adv. with Mr. Alim Mizaj, Mr. Haris Usmani Mr.Mukul K. Singh, Advocates, Mr. Nawal Kishore Jha, Advocate ORDER RAJIV SAHAI ENDLAW, J. 1. These writ petitions, have been preferred complaining that the petitioner/petitioners in each of the writ petitions has/have approached the School impleaded as respondent no.2 in each of the writ petitions, for admission but has/have been denied admission. All the said Schools are recognized schools within the meaning of the Delhi School Education Act, 1973 and are Government Schools. In some of the cases, it is stated that the Principal/Head of the school has refused a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carrying out the provisions of the Act and where such Schools are not there, gives a time frame of three years for establishment of such schools. Sections 8 and 9 deal with duties of Government and local authority. Section 10 imposes a duty on parents and guardians to admit or cause to be admitted his/her child or ward to an elementary education in a neighbourhood School. Section 12 imposes an obligation on the School established, owned or controlled by Government or local authority with which we are concerned to provide free and compulsory elementary education to all children admitted therein. Section 14 provides for determination of age and Section 14(2) provides that no child shall be denied admission for lack of age proof. 3. Notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E Act is intended to ensure elementary education, it is the School Act Rules which concern better organization and development of School Education. The provision for a Transfer Certificate in the Rules is intended for the aided school to which admission is sought to satisfy itself as to till what class the student seeking admission has studied and what was the result of the student for the class last attended. Moreover, I find that Section 5 of the RTE Act while providing for Right of transfer to other School, itself in sub Section (3) mandates the issuance of a transfer certificate though proviso thereto does away with the delay in producing Transfer Certificate as a ground for delaying or denying admission in other School. Thus it canno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded any recognized school and dealt with as mentioned herein below. 9. The counsel for the petitioners has contended that in some of the cases the petitioners have not studied in any recognized or Govt. School. The provision with respect thereto is made in Rule 141 of the Delhi School Education Rules, 1973. In such case the parent or guardian is required to give full history of the previous education of the child and to furnish an affidavit on non-judicial stamp paper duly attested to the effect that the child had not attended any recognized school till then. Though Sub Rule (2) of Rule 141 provides for the Head of the school to which admission is sought, to in consultation with the Zonal Education Officer arrange for a test in such cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... past learning and capacity to learn. The student while participating in the said test is only giving a test of his own ability and is not competing with any other child or for admission in preference over another. Rule 132 of the Delhi School Education Rules, 1973 also, while prohibiting test for admission, permits a test as in Rule 141(2). 11. In my view, admitting a child as aforesaid in Class-VII merely because others of his age are studying in that class even though he may not have the acumen or capacity to cope with course or curriculum of Class-VII would be contrary to spirit of the RTE Act of ensuring completion of at least elementary education for each child and rather detrimental thereto. If a child is unable to cope with the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own the explanation to Rule 21 of the Recognized Schools (Admission Procedure for Pre-Primary Class) Order, 2007 which only provides the minimum age for admission and expressly provides that there is no bar for older children to getting admission for Pre-school Class or Preprimary Class or Class-I. For this reason also it cannot be said that there is any law or Rule connecting a class to age. The expression in a class appropriate to his or her age in Section 4 of RTE ACT cannot be read as in a class to which others of his age are studying and it shall remain open to the head of the School to which admission is sought to, in consultation with the Zonal Education Officer determine the Class to which such student should be admitted. 15. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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