Delhi HC lifts stay, paves way for resumption of nursery admissions

In a major relief to parents, the Delhi High Court on Thursday lifted its stay on nursery admissions and ordered its resumption with certain directions. Kids selected in draw of lots under neighbourhood criteria will get admission.

A bench headed by acting chief justice BD Ahmed, which heard two separate petitions for almost the whole day, passed its interim order in the evening saying, ‘Appellants, who have 70 points under neighbourhood criteria and were selected in the draw of lots, will not be disturbed. They will be given admission.’ It, however, clarified that kids who emerged winners in the draw of lots in more than one school, ‘shall choose one school and will have to relinquish other seats on or before April 9. Otherwise, they shall lose the right of admission in any of them.’

The bench, also comprising justice Siddharth Mridul, asked the Directorate of Education (DoE) to collect the data from all unaided recognised private schools about the number of seats, which fall vacant and remained unfilled and provide it to the court on next date of hearing on 16 April.

The court said on the next date, it will try to find a solution by considering the number of remaining seats and the claim of the parents who were initially given 5 points under inter-state transfer category. The government later had done away with the criteria.

At the end of the hearing, the acting chief justice lost his cool after mother of a kid alleged that her views have not been considered. ‘Use such kind of language against politicians and not against a court of law. I have been hearing patiently the submissions. I can tell you nobody in the country can give you such a patient hearing. Usually I do not lose my cool,’ justice Ahmed said.

Earlier, the court had stayed the fresh draw of lots being conducted for admission in nursery classes in pursuance of the 6 March order of the single judge bench and had ordered that no further admission will take place without its permission. The single judge bench had asked the Delhi government to conduct a fresh draw of lots among similarly placed kids who had secured 70 points on the basis of neighbourhood criteria.

The present dispute started after the Lieutenant Governor had on 27 February issued an order abolishing 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 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.

‘Fresh draw of lots shall be held for remaining applicants having 70 points, including wait-listed applicants and those applicants who were earlier securing 75 points because of ‘inter-state transfer case’ category,’ the LG said.

The single judge found fault with the order and said, ‘However, this court is of the view that all equals have to be treated alike and all children who have secured equal points should participate in a single draw of lots.’ The single judge had directed that candidates having equal marks be considered equally by conducting a fresh draw of lots, wherever necessary.

An appeal was filed by guardians of 14 kids alleging 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. It had sought setting aside of the order.

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.’

It also said the fact that any interim order, at this stage, would cause inconvenience and mental agony to the parents of successful kids was ‘overlooked’.