The Delhi High Court has dismissed a Public Interest Litigation (PIL) seeking to expedite the process of finalizing the Delhi School Education (Amendment) Bill, 2015, particularly regarding the prohibition of screening procedures for nursery admissions in schools. The court cited an Allahabad High Court order, stating that it is not appropriate for the court to issue any writs to the Governor or interfere in the legislative process. The court emphasized that it is the Governor’s discretion to decide whether to grant assent, withhold assent, or refer the Bill to the President for assent.
The PIL alleged that private schools have been engaging in unethical practices by subjecting children above the age of 3 to screening procedures. The petitioner, a civil rights group called Social Jurist, argued that the delay in finalizing the Bill by the Central and Delhi Governments is contrary to the objective of protecting young children from exploitation and unjust discrimination in nursery admissions. The Right to Education (RTE) Act, 2009, prohibits screening procedures for admission, but it does not apply to children below 6 years of age, excluding nursery class admissions.
The petitioner contended that the child-friendly Bill, which was unanimously passed by the Delhi Assembly in 2015, has not been implemented despite seven years of delay. The petitioner called for transparency in understanding why the Bill has not been enacted.
In dismissing the petition, the Delhi High Court stated that the Governor has discretion in deciding to grant assent to a bill and that the court cannot interfere in this process. The court emphasized that the legislative process should not be influenced by judicial interference.
By dismissing the PIL, the court has maintained the status quo regarding the Delhi School Education (Amendment) Bill, 2015 and its provisions related to screening procedures for nursery admissions in private schools. The issue of protecting young children from exploitation and discrimination in the admissions process will continue to be debated and scrutinized by interested parties and policymakers.
