A division bench of Justice S. Ravindra Bhat and Justice R.V. Easwar also asked the Delhi government to indicate its stand on providing three percent reservation for disabled children within the 75 percent general category in nursery admissions .
“The Delhi government shall file a proper affidavit indicating its stand with respect to the issue of whether within the 75 percent quota, the three percent and further reservations under the Disabilities Act can be worked out to the advantage of those covered by the enactment,” said the bench posting the matter for March 19.
The court was hearing a plea which also challenged the fresh nursery admission guidelines that clubbed the economically weaker section (EWS) category with that of children with disabilities.
The Delhi government assured the court that it will suggest the best possible methods for maximising the chances of children with different kinds of disabilities and “categorise all possibilities for admission of allowing particular institutions to admit disabled children within the 75 percent quota earmarked for general category candidates”.
The court also asked the government to also provide information on the total number of available seats to be filled in the entry level in all recognised schools in Delhi and with the necessary break-up in terms of each category.
The government will also provide details with respect to the nature of special facilities extended by different institutions.
The fresh guidelines were issued Dec 18, 2013 whereby disabled children were clubbed with EWS children in a common 25 percent quota for admission in nursery classes.
Earlier, up to three percent seats for children with special education needs were reserved.
The plea also sought quashing of the amendment to section 2(d) of the Right to Education Act, 2009, clubbing the two categories.