Looks like there is confusion or created confusion over this?

Source: 
http://timesofindia.indiatimes.com/home/education/news/Nursery-norms-Centre-to-clarify-on-disability-quota/articleshow/31010042.cms

NEW DELHI: The high court on Tuesday asked the Centre to clarify if
Delhi's schools still have the discretion to provide admissions in
nursery classes to disabled kids, despite the lieutenant governor's
guidelines clubbing them with children of economically weaker groups
(EWS).

A bench of justices S Ravindra Bhat and R V Easwar gave a day's time
to the Centre to explain after the latter told the court it is up to
the Delhi government to make guidelines for providing any benefit to
disabled kids since the city government has enough "elbow room"
despite the LG's order.

But HC was not satisfied and questioned the Centre's stand saying "no
elbow room is visible" under the guidelines or the Persons with
Disabilities Act. It added that if no proper guidelines are framed for
providing relief to disabled students, the "discretionary approach" of
schools will get an "escape route".

"If you (Centre and Delhi governments) don't come out with guidelines,
it could lead to an escape route to the discretionary approach of
schools," the bench said and kept the matter for Wednesday after the
counsel, appearing for the Centre, said its officials would be present
in the court to explain the government's stand.

The bench was hearing a PIL, by Pramod Arora, father of a child with
special needs, challenging the LG's nursery admission guidelines to
the extent it clubs disabled children with kids from EWS group. His
petition also seeks 3% reservation for disabled kids in the nursery
class.

During the day's proceedings, the Centre said it is for Delhi
government to evolve guidelines on the issue but the court pointed out
only when the Centre asks the state government to do so will it acts.

It also asked the Centre to "see what is possible under the Act",
whether 3% reservation is possible and if yes, how to implement the
same.

Meanwhile a group of parents on Tuesday also challenged the points for
interstate transfer in the new nursery admission guidelines. A bench
of acting Chief Justice and Justice Siddharth Mridul sought a reply
from the state government and posted the case for Thursday.

-- 
Amar Jain.
Website: www.amarjain.com



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