New Delhi: The Delhi High Court on Monday said the city government cannot "dilute" the right to education law by allowing unaided private schools to formulate their own criteria for nursery admissions.

A division bench of Chief Justice D Murugesan and Justice VK Jain said, "You are giving preference to one child over another, which is against the act, by allowing them (schools) to formulate their own admission criteria."

The court was hearing a petition filed by NGO Social Jurist against the two notifications of the Union Human Resource development ministry and Delhi government's directorate of education, empowering unaided private schools to formulate own nursery admission criteria.

The bench also made it clear that its decision on the plea would also be applicable on nursery admission for academic session 2013-14.

"We will have to test the notifications, and how far such powers can be extended to schools (by the governments under the act). If you give liberty to the schools then the whole purpose of the act would be lost," the bench added.

The PIL by the NGO through advocate Ashok Agarwal alleged that these two notifications had given a free hand to all unaided recognised private schools.


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