NEW DELHI: The Supreme Court on Friday refused to entertain an appeal against the interim orders of the Delhi High Court restraining the unaided recognised private schools from calling the children or their parents for interview for kindergarten and nursery admissions.

A Bench of Justice K.G. Balakrishnan and Justice K.G. Jain told senior counsel Mukul Rohatgi appearing for the SRF Foundation, running Shri Ram School, Vasant Vihar, that since the matter was pending before the High Court, he could seek an intervention in the High Court.

Mr. Rohtagi submitted that the entire admission process had been stalled due to the High Court order. When the Bench indicated that it was not inclined to entertain the matter, counsel said that he would withdraw the petition and accordingly the Bench dismissed it as withdrawn.

In December 2005, the High Court called upon the schools to evolve a methodology to ensure that admissions were not based on interview of the child or the parents. The court restrained the schools from issuing interview cards. The court said that it would be appropriate to constitute a committee of experts to go into the matter and to resolve the issue of admission of children in private schools.

In May 2006, the court, while granting further time for suggestions, directed that no school should call children or their parents for interview without the permission of the court.

Assailing this order, the petitioner said that it was in complete conflict with the observations made by the apex court in T.M.A. Pai Foundation case and the Delhi School Education Rules, which empowered the Principal to regulate the admission process and procedure.

It contended that the aim of the interview with parents was only to gauge their interest in education, development of their child and whether the parents accepted the school's philosophy, values and role in the growth and grooming of their children. The aim of the session was not to test the academic skills of the young ones, but only to observe their basic age-appropriate skills, the petitioner said.

The Foundation also submitted that the High Court had upset the system, which had been prevalent for the last 50 years, most successful and universally accepted. It prayed for a direction to quash the order and an interim stay of its operation.

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