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Nursery admission not under RTE Act.

THE Delhi High Court on Tuesday ruled that the Right to Education ( RTE) Act was not applicable to nursery admissions, except for enrollment of 25 per cent students from economically weaker sections.

Parents and private schools both heaved a sigh of relief as the court, while delivering its much awaited verdict, made it clear that its order would not affect the ongoing nursery admission process.

Though the court accepted the Centre's plea that the Act is only applicable to children between the 6- 14 age group, it asked the Union and the state governments to consider bringing nursery admissions under RTE in order to ensure a " fairer" enrollment process.

A bench of Chief Justice D. Murugesan and Justice V. K. Jain allowed the point system- based nursery admissions to continue, but made clear its unhappiness with the same. In a strong observation, the bench said schools could not be allowed to run as teaching shops as it would be " detrimental to equal opportunity to children". The bench also condemned the practice of some schools charging capitation fee, saying it is prohibited not only in the RTE Act but also in the Delhi School Education Act and the rules framed under it.

Therefore, even if RTE doesn't apply to pre- elementary classes, schools can't charge capitation fee for such admissions, the court said.

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Publication:Mail Today (New Delhi, India)
Date:Feb 20, 2013
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