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Delhi High Court stays nursery admission process in Delhi

Live Law News Network
12 March 2014 12:51 PM GMT
Delhi High Court stays nursery admission process in Delhi
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The Delhi High Court today stayed the fresh draw of lots being conducted for admission in nursery classes and asked the government to furnish all requisite data and details on the issue relating to unaided recognised private schools in New Delhi.

A Division Bench of the Delhi High Court comprising Acting Chief Justice B D Ahmed and Justice Siddharth Mridul said that the fresh draw of lots to be conducted in pursuance of the order dated March 6 shall not take place in the meantime.

The dispute began after the Lieutenant Governor (LG) had on February 27 issued an order scrapping 5 points, out of 100, being awarded to inter-state transfer cases. Maximum 70 points are being awarded to kids who live within eight kilometres of a school. The LG’s order had further said, “If a school has conducted draw of lots for those applicants securing 70 points, that draw shall remain valid for the selected/confirmed candidates only.”

On March 6 an order was passed by a learned Single Judge of the Delhi High Court by which the Delhi government was asked to conduct a fresh draw of lots among similarly placed kids who had secured 70 points on the basis of neighbourhood criteria in LG’s guidelines.

The single judge found fault with the order though it acknowledged that the government was within “their jurisdiction to delete the 5 points on account of inter-state transfer. It directed that candidates having equal marks be considered equally by conducting a fresh draw of lots, wherever necessary.

The court was hearing an appeal filed by the parents of 14 children alleging that they were already declared selected for nursery admission after the draw of lots and will have to undergo the same process again in pursuance of the single judge bench order on the issue.

The plea said the single judge had “grossly erred” in passing the order “completely ignoring that a large number of draws have already been held and wards of people like the present appellants have been selected for admission.”

The Court made it clear that no admission shall take place till the next date of hearing while posting the appeal for hearing on March 24.

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