The Delhi Government’s recent order allowing unaided private schools to go ahead with admission of children above three years of age in nursery has been challenged in the Delhi High Court. A petition filed before the court on Monday alleged that the Government order was violative of the court’s earlier judgement. A bench of Acting Chief Justice AK Sikri and Justice Rajiv Sahai Endlaw is likely to hear on December 21 the plea of NGO, Social Jurist, that the order of the Directorate of Education (DoE) of Delhi Government was violative of an earlier judgement of the High Court which said no child, below the age of four years, would be admitted for formal schooling.

“The petitioner by the present application is seeking stay of the Order dated December 16, 2011 of the Govt. Of NCT of Delhi to the extent it permits unaided recognised private schools of Delhi to conduct admission to pre-school (nursery) as entry level class in the academic session 2012-13,” the plea, filed through advocate Ashok Agarwal, said. The NGO, in its PIL, had alleged that the Government failed to prevent unaided recognised private schools from admitting children below 4 years age in formal school. “The Government also failed to ensure the schools of Delhi have only one year pre-primary class in formal schools where children of 4-plus age are admitted directly and are not promoted from nursery/pre-school,” the petition said.

The NGO demanded that the pre-school (nursery) class should not be allowed to admit 3-plus children and formal education should start with the pre-primary class where 4-plus children be admitted. The application contended that the government order, passed on December 16, was issued in haste and in great disregard to the orders having been passed by this court in the PIL and also with a view to frustrate the present proceedings as the next date of hearing is on December 21.

The NGO said that the Government did not bother to wait for the outcome of the hearing of the PIL and allowed the private schools to conduct admission to pre-school (nursery) class as entry level class. “As a result, the unaided private schools would continue with their practice of admitting children of 3 plus (below 4 years) in pre-school treating it as an entry level for the academic session 2012-13 and thereafter promoting them to pre-primary class,” it said.