Delhi high court today pronounced their judgement on SOCIAL JURIST P.I.L. where court has directed the DOE to restore the classes VI to VIII in 19 Pratibha Vikash Vidyalaya running from class VI earlier but now only admitting from class IX. The Division bench headed by acting chief justice set aside the NCPCR order in 2009 and interpreted that the admission test in prtibha vikash vidyalaya is not under the domain of screening as govt. admits their own students in these schools. The court interpreted the section 13 and mentioned that the admission test in entry level class is only restricted through admission test in class.
We therefore in exercise of our extraordinary jurisdiction:
(i) strike down the order dated 17.06.2010 (supra) of the NCPCR;
(ii) hold that RPVVs cannot be compelled to make admissions on random basis in Class VI by transfer of children already studying in Government, Government Aided, Municipal, Cantonment Board schools to RPVVs;
(iii) hold that the procedure for admission to RPVVs in Class VI as earlier existing is not violative of Section 13 of the RTE Act;
(iv) direct the GNCTD to restore the admission in Class VI through selection to RPVVs from the next academic year onwards; CM No. 5202/2012 in W.P.(C) No. 7796/2011
(v) as far as the present academic year is concerned, GNCTD to within 15 days take a decision whether any admissions to the current year can be made by holding of selection process and if possible to hold the same, to avail of the existing infrastructure in RPVVs and to prevent a gap year.
The complete judgement is available under link -
http://lobis.nic.in/dhc/RSE/judgement/13-07-2012/RSE13072012CW77962011.pdf
We therefore in exercise of our extraordinary jurisdiction:
(i) strike down the order dated 17.06.2010 (supra) of the NCPCR;
(ii) hold that RPVVs cannot be compelled to make admissions on random basis in Class VI by transfer of children already studying in Government, Government Aided, Municipal, Cantonment Board schools to RPVVs;
(iii) hold that the procedure for admission to RPVVs in Class VI as earlier existing is not violative of Section 13 of the RTE Act;
(iv) direct the GNCTD to restore the admission in Class VI through selection to RPVVs from the next academic year onwards; CM No. 5202/2012 in W.P.(C) No. 7796/2011
(v) as far as the present academic year is concerned, GNCTD to within 15 days take a decision whether any admissions to the current year can be made by holding of selection process and if possible to hold the same, to avail of the existing infrastructure in RPVVs and to prevent a gap year.
The complete judgement is available under link -
http://lobis.nic.in/dhc/RSE/judgement/13-07-2012/RSE13072012CW77962011.pdf
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