Excelsior Correspondent
Srinagar, July 26: The High Court today directed the authorities to adopt the National Education Policy (NEP) formulated by the Government of India with regard to admission of children in private institutions.
The Division Bench of Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani after having gone through the Public Interest Litigation filed by one Kaiser Ahmad Bhat seeking a direction be issued to the official respondents to evolve policy of admissions in private schools which should be fair and just for the economic and social status of the society.
“We dispose of this writ petition filed in public interest with the expectation that the respondent-Government shall ensure uniform implementation of the above policy by all private schools”,The DB directed.
The counsel appearing for Principal Secretary to Prime Minister of India informed the court that there is National Education Policy, 2020, already in place issued by the Government of India which takes care of all matters relating to admissions in private schools and, as such, no further policy is required to be formulated. Petitioner who appears in person accepts that a very good policy has been framed by the Government but still the private schools are behaving in an arbitrary and illegal manner. It has been pointed out that the aforesaid policy has not been implemented or enforced.
Hakim Suhail Ishtiaq, the counsel appearing for Dehli Public and Presentation Convent schools, submitted that some of the private schools have adopted the policy but others have to follow it. He submitted that the issue of illegal behavior of some of the schools is distinct and unconnected with the subject matter of the PIL which can be raised independently by the persons aggrieved.
It was contended that the policy of admission at Nursery stage in other parts of the country and globally is dictated by the rule that the children should be 6 years of age by the time they reach 1st standard. The pre-schools in the J&K start the admission process for the children at the age of 3+ without exception. The authorities, court has been apprised, who are at the helm of affairs in this field are not taking cognizance of the issue and taking remedial measures among them may have been giving warning of derecognizing the private schools which are not adhering to the following admission policy of admitting only 6 years old children in the Standard 1st.
Referring to the Right to Education Act petitioner-Bhat added that the said Act is enabling legislation for fundamental right to education enshrined in the Article 21-A premised on the proposition that the schooling of the children from Standard 1st should begin from the age of 6 years. He informed the court that private schools do not follow either the law or the pursuit of such policies in the admission of the children which will prove to be beneficial academically and cognitively for the children but on the contrary are taken over by the profiteering and commercial motives and want to make quick bucks as soon as possible.
He has also referred to the decision of Delhi Government before the court in which schools have been directed not to ask for financial information from the parents and said the same decision needs to be taken so that the pernicious practice is snuffed out so that parents see their children educated in schools of their choice.
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