Plea In Supreme Court Seeks Law To Ban Screening Procedure For Nursery School Admissions In Delhi

A civil rights group ‘Social Jurist’, has approached the Supreme Court against the order of the Delhi High Court rejecting its Public Interest Litigation (PIL) filed to expedite the finalization of Delhi School Education (Amendment) Bill, 2015. The bill prescribes banning of a screening procedure in the admission of children at the pre-primary level.

The plea contends that even though bill was prepared back in 2015, it is yet to be passed. The plea states that the delay in passing the bill is because it is hanging in between the Central Government and the Delhi Government. The plea contends that the delay is against the interest of children.

In July 2023, the Delhi High Court had rejected the PIL as not maintainable, holding that the court could not interfere with the legislative process.

“It is not proper for this Court to issue any kind of writ to the Governor and interfere in a legislative process whether to accept or reject a Bill within any timeframe. It is not proper for a High Court while exercising its jurisdiction under Article 226 of the Constitution of India to direct a Governor who is a constitutional authority to set a timeframe in matters which come purely within the domain of the Governor. In the considered opinion of this Court, even though the Bill has been passed by the House, it is always open to the Governor to agree or to send the Bill back to the House and this Court ought not to pass a writ of mandamus directing the Governor to act by passing a writ.” the Delhi High Court had held. 

The Petitioner has relied on the provisions of the Right of Children to Free and Compulsory Education Act, 2009 to argue that the bill is necessary to implement the provisions of the Act. The petitioner has pointed out that the bill intends to ensure that there is no discrimination amongst children in the matter of admission and is also an attempt to check commercialisation of education. The unjustified delay of 7 years is against public interest, the petitioner contends.

Case Title: Social Jurist, A Civil Rights Group V. Government Of NCT Of Delhi