Plea In Delhi HC Seeking Directions For Exempting Admissions In Nursery Education For 2021-22 As Online Classes Defeat Its Purpose

BACKGROUND OF THE PETITION

The petitioner, Mr. Rajat Vats has approached the High Court seeking directions on the Delhi Education department to consider the exemption of nursery admission for this year academic session.

According to the petitioner, the purpose of nursery education is to have an adequate play school environment for small kids who can be familiar with a similar schooling environment in the post nursery education. Nursery education, according to the petition, also allows kids to develop schooling behaviour by stabilizing their physical and emotional well being as they grow up and to ultimately make them ready for promotion to higher classes.

The petition states that such an environment is not possible to be provided to the nursery kids in the wake of covid-19 pandemic since physical classes have been restricted and the sessions are continuing on online video conferencing. In such a situation, it will be appropriate for the schools to not grant admissions in nursery classes for the age group of 3 to 4 years as the primary purpose of nursery education remains defeated till the time online classes are in place.

The plea also states that such an act of Government of NCT of Delhi of imparting nursery education to small kids by way of online class culture is thereby violative of the rights of parents and children under Art. 14 and 21 of the Constitution of India.

The same petitioner had approached the Delhi High Court in early 2020 seeking directions on the Govt of NCT of Delhi and Department of Education to provide relaxation or to suspend fees charged by private schools for facilities except for the tuition fees for the months of April, May and June 2020 in the view of pandemic.

Subsequently, a single judge bench of the Delhi High Court comprising of Justice Pratibha M Singh vide order dated 20^th April 2020 dismissed the petition by observing that the act of charging tuition fees was valid as the schools are organizing online classes wherein teachers and staff members are discharging their functions by imparting coursework over online platforms and therefore there is a burden on schools to pay their staff. Hence, the court declined to intervene in the matter.

Case Name: Rajat Vats v. Government of NCT of Delhi, Department of Education W.P. No. 313/2021