Nursery admissions: HC orders fresh draw of lots for all seats
7 March 2014 5:42 AM IST
Justice Manmohan also stayed operation of clause three of the government’s 27 February notification. As per the clause, where draw of lots were to be held afresh only for the vacated seats and between candidates who were not successful in the first round of the draw and those whose points were reduced after scrapping of the inter-state transfer category.
The court, however, refused to stay the entire 27 February notification deleting the inter-state transfer category, saying it was of the prima facie view that the government was ‘within its jurisdiction’ to do so.
‘This court is in agreement with the submission of senior advocate Nidhesh Gupta, counsel for petitioners, that if draw is held only for seats vacated by transfer candidates, between candidates who were initially unsuccessful and the candidates whose points have now been reduced, then candidates who (had) got five transfer points would be at disadvantaged position and (their) chance of success stands reduced.
‘Consequently, only para 3 of the notification is stayed and it is directed that all candidates having equal marks shall be considered equally while conducting draw of lots for all the seats,’ Justice Manmohan said.
‘This court is of the view that all equals be treated alike and children who have scored equal points should participate in the same draw,’ the judge also said while seeking the city government’s response on the plea challenging the 27 February notification. The court listed the matter for further hearing on 25 July.
The court also told the government that if required it can issue a fresh notification to give effect to the order.
Senior advocate Raju Ramachandran, appearing for the city government, said that the second round of draw after the notification has been held in many schools and if the same is stayed it will cause inconvenience to them.
Gupta opposed the contention saying ‘if it is so inconvenient let there be a stay on the entire notification’. He also contended ‘no cogent and justified reason was given for deleting inter-state transfer category’.
Opposing fresh draw of lots for all seats, Ramachandran, said ‘if a price has to be paid by some, then it is a small price compared to the larger picture’.
The court, however, did not agree with the government’s contention and said that under Article 14 of the Constitution equally placed persons should be treated equally.
The court was hearing a plea by Major Saurabh Charan and other parents who have sought quashing of the government’s decision to do away with the system of allocating five points children whose parents have been transferred to the national capital from another state.
The government decided to scrap the category after it admitted in the court that the same was being misused.
During the day’s proceedings, Gupta argued if there was misuse of the transfer category, then the government should have tried to rectify the situation instead of completely scrapping the same.
Under the earlier system, out of the total 100 points, 70 were given if the child lives in the neighbourhood of the school, additional 20 were given if a sibling is studying there, five points more if either parent is an alumni and another five points if it is an inter-state transfer case. Draw of lots were held at each point level.
The court, however, refused to stay the entire 27 February notification deleting the inter-state transfer category, saying it was of the prima facie view that the government was ‘within its jurisdiction’ to do so.
‘This court is in agreement with the submission of senior advocate Nidhesh Gupta, counsel for petitioners, that if draw is held only for seats vacated by transfer candidates, between candidates who were initially unsuccessful and the candidates whose points have now been reduced, then candidates who (had) got five transfer points would be at disadvantaged position and (their) chance of success stands reduced.
‘Consequently, only para 3 of the notification is stayed and it is directed that all candidates having equal marks shall be considered equally while conducting draw of lots for all the seats,’ Justice Manmohan said.
‘This court is of the view that all equals be treated alike and children who have scored equal points should participate in the same draw,’ the judge also said while seeking the city government’s response on the plea challenging the 27 February notification. The court listed the matter for further hearing on 25 July.
The court also told the government that if required it can issue a fresh notification to give effect to the order.
Senior advocate Raju Ramachandran, appearing for the city government, said that the second round of draw after the notification has been held in many schools and if the same is stayed it will cause inconvenience to them.
Gupta opposed the contention saying ‘if it is so inconvenient let there be a stay on the entire notification’. He also contended ‘no cogent and justified reason was given for deleting inter-state transfer category’.
Opposing fresh draw of lots for all seats, Ramachandran, said ‘if a price has to be paid by some, then it is a small price compared to the larger picture’.
The court, however, did not agree with the government’s contention and said that under Article 14 of the Constitution equally placed persons should be treated equally.
The court was hearing a plea by Major Saurabh Charan and other parents who have sought quashing of the government’s decision to do away with the system of allocating five points children whose parents have been transferred to the national capital from another state.
The government decided to scrap the category after it admitted in the court that the same was being misused.
During the day’s proceedings, Gupta argued if there was misuse of the transfer category, then the government should have tried to rectify the situation instead of completely scrapping the same.
Under the earlier system, out of the total 100 points, 70 were given if the child lives in the neighbourhood of the school, additional 20 were given if a sibling is studying there, five points more if either parent is an alumni and another five points if it is an inter-state transfer case. Draw of lots were held at each point level.
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