Nursery admission of kids below 4-yr not against law: Del govt

RTE permits admission, supersedes Delhi Education Act

PTI | January 12, 2012



The city government on Wednesday told the Delhi high court that it has not violated any law by allowing schools to admit children below four years to pre-school or nursery classes.

The Delhi government's directorate of education's counsel said the Right to Education Act, which came into force in 2009, supersedes the Delhi Education Act.

The lawyer said RTE Act permits schools to give admission to children below four years of age to pre-school or nursery classes but the Delhi Education Act is silent about such classes.

The counsel said although Ashok Ganguly committee had recommended four years of age for nursery classes and the duration of the pre-primary class should be one year in 2007, the government was not able to frame norms as the high court's order endorsing the same was pending in the apex court.

Appearing for civil society Social Jurist advocate Ashok Agarwal had, earlier, argued that keeping the child's interest in mind, the Ganguly Committee had recommended four years as the admission age of children to pre-school classes and it was endorsed by this court.

He said even the state act prescribed the same age criteria but under the garb of RTE Act, the government has allowed private schools to give admission to children in nursery at the age of three

After hearing the argument of the Delhi government and NGO, the court deferred the matter for tomorrow to hear the arguments on behalf of the private schools.

The court was hearing a petition filed by an NGO challenging the government order, passed on December 16 last year, allowing schools to admit children in nursery classes at the age of three instead of four, in violation of the Delhi Education Act.

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