A bench of Chief Justice G Rohini and Justice R S Endlaw dismissed the application for interim stay moved by the education department of Delhi government, saying it will hear the main appeal on merit on January 15, 2015, the next date of hearing.
"The application is dismissed," the bench said. The court's order came on a plea moved by senior advocate P P Malhotra, appearing for the Delhi government's Directorate of Education (DoE), contending that "there cannot be any discrimination or question of autonomy in the matter of admitting children around three years of age in nursery".
The single judge had passed the order on November 28 while disposing of two petitions by a committee and a forum representing the private schools which had challenged the LG's December 18, 2013 and December 27, 2013 notifications by which the points system was introduced.
The application by the DoE had contended that the single judge order was "totally wrong", "erroneous" and "against the law" and did not appreciate the correct legal position and scheme of Article 21 (Protection of Life and Personal Liberty) and Article 21-A (Right to Education) of the Constitution.
"The judge erred to hold that if parents are given freedom to choose school, the good schools would attract more students and would expand and not-so-good schools would lose students," the petition had said.
"The judge has failed to consider that education is a paramount consideration for the welfare of the society and in this, there are several participants.
"Quash and set aside the impugned judgement dated November 28 with all consequential benefits and reliefs," the government had pleaded to the court.