Right Of Private Schools To Admit Students Of Their Choice Must Be Based On Reasonable And Transparent Criteria: Delhi High Court

The Delhi High Court has observed that the right of private schools to admit students of their choice has to be on the basis of a criteria which is “transparent, identifiable and reasonable.”Justice Mini Pushkarna said a school has the autonomy in matters of admission under the general quota and can devise its own criteria for admission. The Delhi High Court has observed that the right of private schools to admit students of their choice has to be on the basis of a criteria which is “transparent, identifiable and reasonable.” Justice Mini Pushkarna said a school has the autonomy in matters of admission under the general quota and can devise its own criteria for admission. However, the court added that any admission criteria devised by the school has to be “reasonable, rational and non- discriminatory.” Observing that such a criteria cannot be “whimsical or arbitrary” and has to be fair and equitable, the court said: “Right to admit students of their choice by the Private Educational Institutions is subject to an objective and rational procedure of selection. “Considering the detailed discussion hereinabove, this Court holds that the action of the respondent No.3 School in not awarding 30 points of sibling to the petitioner as per its admission criteria, on the ground that the brother of the petitioner is studying under the DG Category, is arbitrary and discriminatory,” the court said.