New Delhi [India], July 4 : The Delhi High Court dismissed a Public Interest Litigation (PIL) seeking direction to expedite the process of finalization of the Delhi School Education (Amendment) Bill, 2015, so far as it relates to the prohibition of screening procedure in the matter of admission of tiny tots at pre-primary level (nursery/pre-primary) in schools.
The Bench of Justice Satish Chander Sharma and Justice Subramonium Prasad on Monday while dismissing the plea, cited an Allahabad High Court order and said, "It is not proper for this Court to issue any kind of writ to the Governor and interfere in a legislative process whether to accept or reject a Bill within any timeframe."
The Bill had a passage through the House of Legislature of a State, it is presented to the Governor and it is for the Governor to declare at that stage whether he gives the assent or he withholds the assent or refers the Bill to the President for assent, stated the Court.
What the Governor does is peculiarly within his discretion and, exercising his discretion, he cannot feel bound by the act and advice of his Ministers. Courts cannot control or interfere in this procedure and cannot direct the Governor or pass a writ to the Governor to grant assent or desist from granting assent, added the Court.
Article 200 of the Constitution of India within its fold indicates that the Governor must as soon as possible after the presentation of the Bill to him for his assent either return the Bill together with a message to the House/Houses to reconsider the Bill or any specified provision thereof, said the Court order.
The petition alleged that private schools have been adopting an unethical practice of subjecting children above the age of 3 years to screening procedures.
Petition stated that a child-friendly Bill, namely, Delhi School Education (Amendment) Bill, 2015 banning screening procedures in Nursery admission in schools is hanging between the Central and Delhi Governments for the last 7 years without any justification and is against the public interest and is opposed to public policy.
Petitioner NGO namely Social Jurist, A Civil Rights Group through Advocates Ashok Aggarwal highlighted that the very objective and purpose of the Delhi School Education (Amendment) Bill, 2015 is to protect tiny tots from exploitation and unjust discrimination in the matter of nursery admission in private schools which is literally defeated by delay in finalizing the same by Central and Delhi Government and making it a law.
Petition submitted that the Right to Education (RTE) Act, 2009 prohibits screening procedures in the matter of admission of a child in a school and makes it an offence punishable under the law. However, the RTE Act, of 2009 does not apply to children below 6 years of age and so does not apply to nursery class admissions.
The petitioner submitted that people have a right to know why a child-friendly Bill has not seen the light of the day even after 7 years of its unanimous passing from the Delhi Assembly in 2015.
It further stated that the very objective and purpose of the Delhi School Education (Amendment) Bill, 2015 is to protect tiny tots from exploitation and unjust discrimination in the matter of nursery admission in private schools which is literally defeated by delay in finalizing the Bill by Central and Delhi Government.
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