Petition challenging Delhi HC's decision rejected in SC, said - cannot direct to make law

The Supreme Court on Friday dismissed a plea challenging a Delhi High Court decision seeking a direction to the Lieutenant Governor to give or withdraw his consent in a case banning the screening of children for nursery admissions. Hearing the petition, a bench of Justice SK Kaul and Justice Sudhanshu Dhulia said that it cannot direct to make a law. The bench said, 'Can there be any order to make a law? Can we direct the government to introduce the bill? The Supreme Court cannot be a panacea for everything.

The Delhi High Court had on July 3 dismissed a PIL filed by NGO 'Social Jurist', saying it cannot interfere in the legislative process. Also, the LG cannot be directed to approve the Delhi School Education (Amendment) Bill, 2015, or withdraw it. NGO 'Social Jurist' filed the petition in the apex court through advocate Ashok Aggarwal, saying that the child-friendly bill banning the screening process in nursery admissions in schools has been languishing between the Center and the Delhi government for the last seven years without any justification and opposition. Is hanging.

Dismissing the PIL, a division bench of the High Court had said that it is not appropriate for the High Court, in the exercise of its jurisdiction under Article 226 of the Constitution, to direct the Governor to fix time limits in cases Which fall completely within his domain. "In the considered opinion of this Court, even if the Bill has been passed by the House, it is always open to the Governor to intervene in such a matter or send the Bill back to the House," the high court said in its order.

The appeal against the Delhi High Court decision said it highlights that the basic objective of the 2015 Bill is to protect young children from exploitation and discrimination in nursery admissions in private schools. It said the purpose of the bill had been defeated due to the delay. The Delhi government passed the law by the state assembly in 2015. The petition said the bill was passed keeping in mind Delhi's 2013 decision. The High Court heard the public interest litigation filed by the social jurist.

The High Court had in 2013 said that the government may consider making necessary amendments to the law to ensure that children seeking nursery admission also get the benefits of the Right to Education Act. The 2009 law provides for free and compulsory education as a fundamental right to all children aged 6 to 14 years.

The NGO said it gave a representation to the authorities on March 21, 2023, requesting them to immediately finalize the bill. However, on April 11, a response was received from the Centre, stating that the bill was not yet finalized by both governments. It said that private schools in Delhi enroll more than 1.5 lakh children every year at the nursery level and screen children above three years of age, which is against the basic spirit of the Right to Information Act, of 2009. 

The NGO had sought direction from the court to the authorities to expedite the process of finalizing the Bill in so far as it relates to banning screening in admissions at the pre-primary level.