New Delhi: Even as a single-judge court stayed the Education department?s December 16 order on nursery admissions, the Delhi government on Wednesday submitted before a larger bench that it would seek a clarification or review of the order.
Arguing before a division bench headed by Acting Chief Justice A K Sikri, government counsel Ruchi Sindhwani said a clarification or review of the order would be required, considering that it did not mention which part of the December 16 notification by the Directorate of Education (DoE) was being stayed.
The order in question read: ?Till the next date of hearing, the operation of the impugned order, dated December 16, shall remain stayed.?
To this, Justice Rajiv Sahai Endlaw remarked: ?...otherwise schools, under this order, can choose not to follow other directives of the December 16 notification as well.?
Sindhwani agreed to the apprehension raised by the court and said they would move the court of Justice Hima Kohli to seek a review of the impugned interim order. Justice Kohli had passed the order on a petition by a group of schools, which were aggrieved by a change in the ?neighbourhood? criterion, asking private schools to give admission to EWS category students on a par with general category students.
Under the RTE Act, ?neighbourhood? is defined as a distance of one kilometre from the school concerned. According to the government counsel, the change in criterion was altered so that EWS students, irrespective of the distance from schools, could get admission like others. The schools, however, said that the DoE was not empowered to pass the order.