NEW DELHI: A plea has been filed in the Supreme Court seeking directions to Lieutenant Governor (L-G) VK Saxena to either approve or return the Delhi School Education (Amendment) Bill, 2015 which proposed to do away with the process of screening children for nursery admissions to the schools in the national capital.
The plea, filed by civil rights group Social Jurists, challenged a ruling given in July this year by the Delhi High Court refusing to pass such a direction, saying that courts cannot interfere in legislative procedure. The high court, while refusing to entertain the plea, had said, “It is not proper to issue any kind of writ to the L-G whether to accept or reject a bill within any timeframe. It is always for the L-G to give his assent or withhold his assent to any bill, however desirable the legislation may be”.
“Exercising this discretion, the L-G cannot feel bound on the act and advice of his ministers and courts also cannot control or interfere in this process,” it had added. The NGO in its plea stated that on April 11, the Centre’s response was received indicating that the bill is yet to be finalised as it is pending with the Central Government and the Delhi government.
Underscoring the objective and purpose of the bill, the NGO in its plea said, “The very objective and purpose of the Delhi School Education (Amendment) Bill, 2015 is to protect tiny tots from exploitation and unjust discrimination in the matter of nursery admission in private schools. This is literally defeated by delay in finalizing the bill by the Central and Delhi governments.” The purpose of the bill was literally defeated by the delay, it said, adding the Delhi government had got the legislation passed by the state assembly way back in 2015.
The bill, it said, was passed keeping in mind the 2013 decision of the Delhi High Court on a PIL filed by the Social Jurist. The high court had said in 2013 that the government may consider making necessary amendments to the law to ensure that children seeking nursery admission also get the benefits of the Right to Education Act. The 2009 law provides for free and compulsory education of all children in the age group of 6 to 14 years as a fundamental right.
