MUMBAI, June 9: The stand-off between Catholic schools in Mumbai and the state government over admission to kindergarten classes has run into a legal cul-de-sac but there is no ambiguity about what the chief minister feels."The stand taken by the Catholic institutions is not only unfortunate, but also incorrect," Joshi said after the weekly Cabinet meeting today.Despite the chief minister's reprimand, a solution to the stalemate could take a while as the Bombay High Court has yet to dispose of litigation challenging the Act.
The government would have to wait for the outcome of the petition, Joshi said, adding that it is seeking legal opinion on the controversy. Catholic schools in the state, including 187 institutions in Mumbai affiliated to the Archdiocesan Board of Education, have refused to commence admission to kindergarten classes pending the suspension of the Pre-Primary Centres (Regulation of Admission) Act, 1996.
The board has held out against the government despite the latter's decision toenforce the act from the forthcoming academic year. Following stiff opposition to the act, which minority institutions claim encroaches on their right to admit students from their own communities, the government recently decided to suspend the controversial Section 5 which relates to the neighbourhood policy for admission.
However, it clarified, the rest of the act would be enforced. However, the board still insists that the entire act be suspended, failing which it will keep its kindergarten classes shut indefinitely.
"In fact on their request, we decided to stay the operation of the legislation to regulate pre-primary admissions. Now, they have decided not to start admissions," Joshi said.
After both Houses of the state legislature unanimously passed the legislation, representatives of Catholic institutions had called on Shiv Sena chief Bal Thackeray, the chief minister pointed out. "Their main contention was that the legislation was against the Constitutional provisions, particularly the rights ofminority institutions," he said.
Following their plea, he added, the government had got the state's advocate-general to examine the entire legislation. "I was officially informed that the legislation does not violate minority rights in any manner. However, in view of their plea, my government decided to suspend the operation of the law for a year," Joshi said.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.