The Supreme Court on Friday dismissed a petition challenging the Delhi High Court’s decision refusing to direct the lieutenant governor to grant assent to or return a 2015 bill that proposed banning the screening of children for nursery admissions.
A bench of Justices SK Kaul and Sudhanshu Dhulia stated that they cannot issue a directive to enact a law.
“Can there be a mandamus to enact a law? Can we direct the government to introduce the bill? The Supreme Court can’t be the panacea for everything,” the bench remarked.
The Delhi High Court had rejected a Public Interest Litigation (PIL) filed by the NGO Social Jurist on July 3, stating that it couldn’t interfere with the legislative process and instruct the L-G to either grant assent to the Delhi School Education (Amendment) Bill, 2015, or return it.
The organization, represented by advocate Ashok Agarwal, filed an appeal in the Supreme Court, claiming that the child-friendly bill, which bans the screening process in nursery admissions, has been pending between the Central and Delhi governments for seven years without justification, against the public interest, and opposed to public policy.
The Delhi High Court’s division bench, while dismissing the PIL, said that it wasn’t proper for a high court, exercising its jurisdiction under Article 226 of the Constitution, to instruct a governor, who is a constitutional authority, to set a time frame in matters within his domain.
According to the appeal against the high court’s decision, the 2015 bill’s very purpose is to safeguard children from exploitation and unjust discrimination in nursery admissions to private schools. The bill’s purpose has been thwarted by the delay, the appeal states, noting that the Delhi government passed the legislation in 2015, taking into account the 2013 Delhi High Court decision on a PIL filed by a social jurist.
In 2013, the high court stated that the government should consider amending the law to ensure that children seeking nursery admission also receive the benefits of the Right to Education Act. The 2009 law establishes free and compulsory education for all children aged 6 to 14 as a fundamental right.
The NGO stated that it made a representation to the authorities on March 21, 2023, urging them to expedite the bill’s finalization. However, on April 11, a response from the Centre was received, indicating that the bill was still pending with the two governments.
The NGO argued that more than 1.5 lakh admissions occur at the nursery level every year in private schools in Delhi, and children over three years of age are subject to screening, which contradicts the letter and spirit of the Right to Education Act, 2009. They sought the court’s direction to expedite the finalization of the bill concerning the prohibition of screening in pre-primary admission.
