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Given below is a summary information of an upcoming case for regulating Admissions to pre-school institutions. The FFFIE will be fighting this case in the court of law and any help from parents is appreciated. If you believe in this cause, contribute to it and talk to Bhagvanji.
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The upcoming case - Proposing a scheme for Pre-School Admissions
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In the High Court of Judicature at Bombay
Ordinary Original Civil Jurisiction
Writ Petition No. 2752 of 1999
Petitioners: Forum for Fairness In Education & Others.
Respondent: State of Maharashtra and Another.
Excerpts from The CASE: Proposed Scheme for Pre-School Admissions
"... the preference in admissions should be given on the principle of vicinity of the children's residences to the school whether recognised or unrecognised, without any tests, interviews and donations or deposits. The admission process should not be influenced by pressures, political or otherwise."
"Any violation of the order under this petition by any individual or school management shall be deemed to have attracted the provisions under the contempt of court Act, 1971, Transfer of Management Act, 1971 and the prohibition of Capitation Fee Act, 1987 and shall be dealt with accordingly and strictly."
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Previous Laws and Rulings supporting this petition
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Pre-primary and primary school admissions required to be based only on
neighbourhood principle sans interview, test & donation....
- It is unfair to interview or test a very young child at the time when it is stepping out
of a more protective and familiar home atmosphere into unfamiliar one. Besides to test a child
even before he has been taught anything is illogical.
For admission to school neither parents nor children desiring admission should be either directly
or indirectly interviewed.
Distance between the child's residence and school should be as can be covered by the child
on foot.
Prof.Ram Joshi Committee report on pre-school education unanimously adopted by Maharashtra
legislature.
- The Supreme Court Judgements :
- Amarjit Sinh Gill versus Directorate General of Health Services, Judgement dated 21.11.1988
for medical admissions :
" The Director General of Health Services will allocate the colleges as near to their places
of residence as possible subject to availability of seats in nearby colleges".
- St. Stephen's College versus the University of Delhi, the Judgement dated
6.12.1991 :
"The neo rich or having political patronage or pull get preference in admission based on
inteview".
"Even in case of public employment where the method of interview may have some importance,
this court in series of cases has laid down that marks for interview should not exceed 15%
of the total marks".
"The minority institutions shall make available at least 50% of the annual admissions to
members of communities other than the minority communities".
- Unnikrishnan versus State of Andhra Pradesh, the Judgement dated 4.2.1993 :
"It is the discretion in the matter of admission that is the root of the several ills
complained of. It is the discretion that has mainly led to the commercialisation of
education".
"No person shall be allowed to steal a march over a more meritorious candidate because
of his economic power".
"There shall be no quota reserved for the management or for any family".
"The state Legislature had, therefore, no power to say that a private educational institution
will be entitled to admit students of its choice".
- Prohibition of Capitation Fee Act, 1987 :
- Section : 2(a) "Capitation fee" means any amount, by whatever name called, whether in
cash or kind, paid or collected, directly or indirectly, in excess of the prescribed
rates of fees regulated under section 4;
- section : 2(b) "Educational institution or "institution" means a school (including
kindergarten, pre-primary, balwadi or nursery school), a college or an institution, by
whatever name called, or a part thereof, whether managed by Government, local authority,
a university or a private management.
- Section : 7 "Whoever contravenes any provision of this Act, or the rules made thereunder,
shall on conviction, be punished with imprisonment for a term which shall not be less than
one year but which may extend to three years and with fine which may extend to five thousand
rupees.
- Section : 7AA "All offences under this Act, shall be cognizable and non-bailable".
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