The Delhi High Court on 25 February 2014 asked the Centre to elucidate clearly that why there was no quota for physically challenged children in the points system issued for nursery admissions to private unaided schools.
The court asked the central government to clarify if schools in Delhi still have the discretion to offer admissions in nursery classes to the disabled kids, despite the guidelines directed by lieutenant governor, which were added with the children of economically weaker groups (EWS).
The bench of Justice S Ravindra Bhat and Justice R V Easwar issued the notice and gave one day to the centre to explain it.
The Centre replied to the court that Delhi government is to make guidelines for providing any benefit to disabled kids as Delhi government still has enough ‘elbow room’, despite governor’s directives.
The HC was not satisfied with the centre’s reply and further questioned the Centre's stand saying "no elbow room is visible" under the guidelines or the Persons with Disabilities Act. The court added that if no proper guidelines are created in interest of disabled students, the "discretionary approach" of schools would get an "escape route", said bench.
Pramod Arora, father of a child with special needs appealed to the high court, hearing which the court issued notice for. Arora challenged the LG's nursery admission guidelines to the extent it clubs disabled children with kids from EWS group.
His petition also suggested 3% reservation for disabled kids category, while admission to nursery class.
Besides, a group of parents on 25 February also came together to challenge the points for interstate transfer in the new nursery admission guidelines.
For the same, a bench of acting Chief Justice and Justice Siddharth Mridul had asked state government to reply which will reveled on 27 February, that’s when court will continue the hearing again.