What was the issue before the Court?
Writ Petition (Civil) 5949/2015
This Writ Petition, seeking a writ of Mandamus against the Department of Education, NCT of Delhi, was filed by a parent of an autistic child seeking its admission in the nursery class of either Sanskriti School, Springdales School, Bal Bharati Public School, Rajinder Nagar or Delhi Public School, Mathura Road, under the category of Children with Special Needs.
Therefore the question was whether the Right to Education Act was applicable to admissions which took place at the nursery class level in private unaided schools. He argued that the schools mentioned had the infrastructure and facilities for Children with Special Needs, and also that some of these schools had seats reserved at the nursery level for children with special needs but had taken no steps to fill them.
What did the Court rule?
The Delhi High Court had already, in another ruling, held that unaided private schools had absolute discretion in the matter of admission into nursery classes. Therefore, interference on the question of admission of children with disabilities to nursery class in the private unaided schools mentioned was not possible. The Petition was dismissed.
What have been the developments since then?
The ruling in the Petition filed by the Forum for Promotion of Quality Education on the absolute discretion of private unaided schools on nursery admissions prevails and till that is set aside by either the Supreme Court or by an amendment to bring nursery admissions under the Right to Education Act, this will continue to be the position.