IN THE HIGH COURT OF DELH AT NEW DELHI
W. P. (C) NO. 12490 OF 2006
IN THE MATTER OF:
Social Jurist, A Civil Rights Group
.Petitioner
Versus
Union of India and others
Respondents
ADDITIONAL AFFIDAVIT ON BEHALF OF THE PETITIONER
RESPECTFULLY SHOWETH:
I, Ritu Jain, Honorary Secretary of the petitioner organization D/o Shri S.K.Jain, age about 34 years, 478-479, Lawyers Chambers, Western Wing, Tis Hazari Courts, Delhi-110054, do hereby solemnly affirm and state as under:-
1. I say that I am the Honorary Secretary of the petitioner-Social Jurist and am authorized and competent to swear the present affidavit on behalf of the petitioner organization.
2. The petitioner submits that the Government of Delhi by its application (C. M. No.2293 of 2007) has sought modification of the orders dated 17.01.2007 and 14.02.2007 of this Honble Court on the alleged ground that this Honble Court has not taken into consideration the effect of the Delhi Government circular dated 09.04.1997 and also that the said orders of this Honble Court are based on erroneous assumption that Section 16 prescribes 31st March as the date for determination of age for the child for purposes of admission to primary or pre-primary classes. It has also been alleged in the application that in the meeting of Delhi School Advisory Board held on 12.02.2007, a general consensus emerged that the way should be found to ensure that 3 year old children are not admitted in the pre-primary classes.
3. The petitioner submits that PIL by Social Jurist had highlighted the fact that different unaided recognized private schools in Delhi were applying different age criteria for admission of children in nursery classes and sought directions from this Honble Court against the Government to ensure that all the Schools must follow uniform age criteria in accordance with the provisions of Section 16 of Delhi School Education Act, 1973 (DSEA, 1973) which provides that a child who has not attained the age of five years, shall not be admitted to class I, in a recognized school. It is a fact that though the DSEA, 1973 covers pre-primary schools, but this fact alone, does not accord it the status of formal education. The pre-primary school has not been defined nor has the minimum age for admission therein been expressly provided in DSEA, 1973.
4. The petitioner submits that this Honble Court following the mandate of Section 16 of DSEA, 1973, held that the children are eligible for admission to Nursery, KG and Class I provided they complete three, four and five years of age respectively, on 1st April, 2007. It is submitted that there is nothing wrong either with the provisions of Section 16 of DSEA, 1973 or with the Orders having been passed by this Honble Court. It is submitted that Section 16 of DSEA, 1973 rightly assumes Class I as the starting point of formal education and so rightly prescribes the minimum age of not less than five years for admission therein. Therefore, the correct minimum age of a child for admission in formal schooling is not even four but above five years.
5. The petitioner submits that there are several schools that are even running pre-nursery besides nursery and KG and class 1 and above classes. As a matter of illustration, Queen Valley School, Sector 8, Dwarka, Phase I has given an advertisement in The Times of India dated February 22, 2007 for admission in pre-nursery, LKG, UKG and class I to V for 2007-2008. It is submitted that even if the contention of the government that not less than 3 ½ years child should be eligible for admission in the nursery class is believed to be correct, then the government should inform as to what should be the entry age for pre-nursery class. It is submitted that the entry age issue is relevant only if it is first decided that the pre-primary education is a formal mode of education and not play mode of education. It is submitted that the real issue which should have been discussed in the Delhi School Advisory Board meeting has not yet been discussed.
A copy of the said advertisement is enclosed hereto as Annexure A.
6. The petitioner submits that the real problem lies altogether with the incorrect understanding of the concept of pre-primary education. It is submitted that pre-primary education is in fact not a formal education as is commonly understood but is only a play way education. It is well known fact that the children are sent to play way schools as early as of two years of age and the same is gaining ground. The entire pre-primary education need not to be looked as part of formal school education merely because the same is imparted by the schools which also run Classes I and above.
7. The petitioner submits that the concept of pre-primary education has been deliberately misapplied by most of the schools resulting in unwanted confusions and misgivings. The Kothari Commission (1964-66) has gone into the detailed discussion on pre-primary education. The traditional practice has been to divide the period of school education into three stages pre-primary, primary and secondary and to discuss the problems of each separately. This is based on several considerations. In the first place, the three stages of education are regarded as corresponding to the three stages in the development of child infancy, childhood and adolescence, says, Kothari Commission Report. The objectives of pre-primary education have also been detailed in the Report which include to develop in the child good health habits and to build up basic skills necessary for personal adjustment, such as dressing, toilet habits, eating, washing, cleaning and to develop in the child a good physique muscular coordination and basic motor skills.
8. The petitioner submits that the Kothari Commission also noted, Pre-primary schools were first established to meet social needs such as looking after the children of working mothers or providing a suitable environment to little boys and girls from urban families whose small tenements or flats were hardly appropriate for the childrens proper growth. These schools also attempted to compensate for the unsatisfactory home environment of children from slum areas or poor families. Recently, however, the educational significance of this stage is being increasingly realized. Modern researches have shown that the years between three and ten are of the greatest importance in the childs physical, emotional and intellectual development. It has also been found that children who have been to a pre-primary school show better progress at the primary stage and help in reducing wastage and stagnation. The modern trend in educational policy, therefore, is to emphasize pre-primary education, especially for children with unsatisfactory home backgrounds. This is the direction in which we also should move.
9. The petitioner submits that the Kothari Commission further noted as a part of recommendations, (4) Another important experiment of this type, which has been tried with success in some parts of the country, is the establishment of childrens play centres in close association with the primary schools. These are conducted by a specially trained teacher in the primary school, who is given an allowance for the purpose, or by a separate teacher. The programme, which lasts for about two hours a day, is simple and consists of group singing, story-telling and games, with considerable attention being given to personal hygiene and health. These centres serve as pre-school classes and to smoothen the transition of the child from its play-dominated world of infancy to the formal atmosphere of the primary school. They are comparatively less costly to run and serve a very useful purpose in reducing wastage and stagnation, particularly in Class I. Such centres should be attached to as many primary schools as possible.
10. The petitioner submits that the Delhi Governments present application before this Honble Court seeking fixation of childs age at 3 years 6 months for admission in nursery classes is based on incorrect premise that the pre-primary education is formal education and the child is not mature enough to go to school. The same government had earlier advocated before this Honble Court for admission of two years and four months old child in nursery class. It is submitted that in the application, the government has referred to its circular dated 09.04.1997. It is submitted that as per the circular dated 09.04.1997, the entry age of a child in class 1 as on 1st April would be four years and six months, meaning thereby, the entry age of a child in class KG and class nursery as on 1st April would be three years and six months and two years and six months respectively. It is submitted that the government has been taking contradictory and inconsistent stands.
11. The petitioner submits that the pre-primary education has not only been recommended by the Kothari Commission but also find place in all the National Policies on Education of 1968, 1986 and 1992. The Government instead of taking pre-primary education as part of play way school activities is, unfortunately, taking it as a part of formal school education. If the contention of the Government that 3 years old child is not mature enough to go to school is believed to be correct, all mushrooming play way schools are required to be shut down. In any case, the schools instead of running two years pre-primary classes (Nursery and KG), should run only one year pre-primary class and admit children therein of not less than 4 years as on 1st April.
12. The petitioner submits that the schools that are imparting pre-primary education in a formal mode of education are required to be checked by the Government. The National Advisory Committee on LEARNIG WITHOUT BURDEN headed by Prof. Yashpal as back as in 1993 had recommended that It should be ensured that these institutions do not perpetuate violence on young children by inflicting a heavy dose of over-education in the formal teaching of Reading, Writing and Numbers. It is submitted that by looking at the provisions of Delhi School Education Act, 1973, Reports of Kothari Commission (1964-66) and Prof. Yashpal Committee (1993), it is quite clear that pre-primary education cannot and should not be considered and treated as a part of formal education, and therefore, the controversies on the issue of minimum age for admission in nursery classes is totally inappropriate.
13. The petitioner submits that Article 21A has been incorporated in December 2002 in the Constitution of India which read as under:-
21A. Right to education. The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
It is submitted that in terms of the aforesaid provisions, the compulsory education starts from class I and the entry age is 6 years. It is submitted that the pre-primary is not compulsory but voluntary.
14. The petitioner submits that Delhi Primary Education Act, 1960 was incorporated by the Parliament. In the said Act, Child means boy or girl within such age group not being less than six or more than fourteen, as may be specified in a declaration made under Section 4. Section 16 deals with age of the child how to be computed. According to it, the age of a child for the purposes of this Act shall be computed in terms of the years completed by the child on or before the 1st day of the academic year provided that where the birthday of the child falls on a day not later than sixty days from the first day of academic year, the birthday shall be deemed to fall on the first day of the academic year for the purposes of computing the age of the child. The Primary Education, according to the Act means education up to such class and standard, not beyond the eighth class or standard. The provisions of this Act clearly indicate that a child should not be less than six years for admission in class 1, the level from which the primary education starts. In other words, a child who has attained the age of five years ten months as on 1st April would be eligible for admission in class 1.
15. The petitioner submits that the 165th Law Commission Report of India on Free and Compulsory Education for Children (1998) also laid down the minimum age of not less than six years for admission in class 1. It is submitted that Law Commission suggested for Free and Compulsory Education for Children Bill, 1998. In the said suggested Bill, child has been defined as:
child means boy or girl within such age group not being less than six or more than fourteen
Section 13 of the said draft Bill deals with the computation of the age of the child for the purposes of the Act. The same reads as under:-
13. The age of a child for the purposes of this Act shall be computed in terms of years completed by the child on or before the first day of the academic year.
Provided that where the birthday of a child fails on a day not later than sixty days from the first day of the academic year, the birthday shall be deemed to fall on the first day of the academic year for the purpose of computing the age of the child.
Ordinarily the birth certificate and in its absence the declaration of a parent or guardian will be prima facie proof of age unless the admitting authority has reasons to disbelieve it.
In case it is disbelieved, the authority concerned should record the reasons therefore and make such enquiry as is deemed appropriate for determining the age.
16. The petitioner submits that the Government of India constituted Central Advisory Board of Education (CABE). It is submitted that the CABE constituted a Committee on Free and Compulsory Education Bill and other issues related to elementary education headed by Mr. Kapil Sibal which held its 1st meeting on 22nd November, 2004. It is submitted that the said meeting drafted Right to Education Bill, 2005. In the said Bill child, pre-primary section and pre-school has been defined as under:-
(e) Child means a person who is not less than six years and not more than fourteen years of age.
(dd) Pre-primary Section means an establishment, which meets the educational needs, with or without other services, of children before the elementary stage of education, either as a part of a school or as an independent entity collaborating with it.
(ff) Pre-School means a facility provided by a school to meet the educational needs of children at least between the ages of 5 and 6 years.
Section 35 of the said draft Bill deals with the entry age for elementary education and procedure for computing age of a child. The said section 35 is reproduced as under:
35. Entry age for Elementary Education and Procedure for Computing Age of a Child
(1) A child shall be admitted to class 1 only after she has attained the age of five years and ten months before the beginning of the academic year.
(2) Ordinarily the birth certificate and, in its absence, a declaration by the parent or guardian shall be treated as prima facie proof of the age of a child, unless the admitting authority has reason to disbelieve it. In case it is disbelieved, the authority shall determine the childs age after making an enquiry in such manner as may be prescribed.
17. The petitioner invites attention of this Honble Court to the prevailing educational patterns in various countries in relation to childs entry age in school.
(i) BHUTAN
Primary School This level of school has classes PP-VI. Children are enrolled at the age of six and continue till they complete grade six.
(ii) CUBA
The pre-school is not compulsory and takes care of the children since 6 months old until they reach the age of five. It has three main components. The day care centre, for those children between 0.6 and 5 years; the pre-school grade for the 5 years old children; the non-formal ways for those that do not attend the educational institutions.
(iii) GUYANA
Primary education is compulsory. It commences at 5 years 9 months and continues for 6 years.
(iv) INDONESIA
Pre-school education aims at stimulating physical and mental growth of children outside of the family circle before entering primary education. It can be held in formal school system or out-of-school system. Among the types of pre-school education available are Kindergarten at the formal school, play Groups and day-care centers at the out-of-school. Kindergarten is provided for children aged 5 to 6 years for one to two years of education, while play groups and children attending day-care centers are at least 3 years old.
v) IRAQ
Pre-School education
It is called Kindergarten. It is of two years duration covering children of the age group 4-5 years.
Primary Education
The primary education consists of six years concerning the age group 6-11 years. It is compulsory for all children who have completed six years of age at the beginning of the school year on the 31st December of the same year. This stage terminates with the primary certificate, which enables the pupils to be admitted to the next stage. This stage is called the intermediate stage.
vi) JAPAN
Children enter primary schools at the age of 6 and education upto 15 years old is compulsory.
vii) MOLDOVA
The Law established a new structure of educational system. According to it, kindergarten attendance is voluntary from three to five, but it becomes compulsory at five, when children start one preparatory year to school. Children enter the primary school (grades I to IV) at six or seven. Then follows the lower secondary school (Gymnasium) (grades V to IX). Attendance of the primary school and Gymnasium is compulsory until the age of sixteen is achieved.
viii) MONGOLIA
The basic structure of Mongolian education consists of 4 levels. It includes pre-school and kindergarten children from the age group 3-7, followed by the next structure of 4-4-2 i.e. primary, lower secondary, upper secondary and vocational education. The first two cycles consist of 8 years which is compulsory.
ix) THAILAND
According to the 1992 National Scheme of Education, the structure of educational system is divided into four levels: primary school, secondary school, and higher education.
1. Pre-school education is the education for those children between 3-5 years of Age, in order to prepare those children in terms of physical, psychological, mental, emotional, personality, and social aspects of development before they enter primary education.
2. Primary education is compulsory for children between 6-11 years old and requires six years of study.
x) VIETNAM
General education in Vietnam begins at the age of 6 and consist of 5 years of primary school, 4 years of lower secondary school, 3 years of upper secondary school and 2 to 8 years of tertiary or professional education.
18. The petitioner submits that the childrens interest is of paramount importance. The above facts have been submitted for kind consideration of this Honble Court.
DEPONENT
VERIFICATION:
Verified at Delhi on this 27th day of February 2007 that the facts as stated above are based on information received and believed to be correct and nothing material has been concealed therefrom.
DEPONENT