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Admissions to children in schools transferred from different states to Delhi in the middle of sessions – Notification was issued against to the admissions – challenged – Apex court held that In our considered opinion, it was not permissible for the Administration to alter the basis of admission after the admission process had started and further having participated in the selection process the criteria for selection could not have been questioned by unsuccessful participants.Mr. Raju Ramachandran, learned senior counsel appearing for Delhi Administration, fairly submitted that these 24 candidates shall also be accommodated in the schools. Therefore, we direct that these 24 candidates shall get admission, if not at all admitted, being the successful candidates under the Inter-State Transfer category under Notification dated 18th December, 2013. It goes without saying that the Administration shall take steps to accommodate these students in various schools within its jurisdiction by increasing the number of seats in such schools. In the circumstances, we direct that the admissions already granted to the appellants’ children shall not be disturbed on the basis of impugned Notification dated 27th February, 2014 deleting points for Inter State Transfer. These children shall continue their study in those schools where they got admitted or selected for admission.= Major Saurabh Charan and others etc. …..Appellants Versus Lt. Governor, NCT of Delhi and others etc. ….Respondents= 2014 ( May. Part ) http://judis.nic.in/supremecourt/filename=41516

Admissions to children transferred from different states to Delhi in the middle of sessions – Notification  was issued against to the admissions – challenged – Apex court held that In our considered opinion, it was not  permissible  for the Administration to alter the basis of admission after  the  admission process had started and further having  participated  in  the  selection

 process the criteria for selection could not  have  been  questioned  by unsuccessful participants.Mr. Raju  Ramachandran,  learned  senior counsel appearing for Delhi Administration, fairly submitted  that  these 24 candidates shall also be accommodated in the  schools.  Therefore,  we direct that these 24 candidates  shall  get  admission,  if  not  at  all  admitted, being the successful candidates under the Inter-State  Transfer category under Notification dated 18th December, 2013.  It  goes  without saying that the Administration shall  take  steps  to  accommodate  these students in various schools within its  jurisdiction  by  increasing  the number of seats in such schools.  In the circumstances, we  direct  that  the  admissions  already granted to the appellants’ children shall not be disturbed on the  basis of impugned Notification dated 27th February, 2014 deleting  points  for Inter State Transfer.   These children shall  continue  their  study  in those schools where they got admitted or selected for admission.=

 

The present appellants were  transferred  to  Delhi  from  different

    States of India.  As a result  of which many parents have to give up the

    admission of their children in previous places  and  have  to  shift  to

    Delhi in the mid of the session.  Because of that,  their  children  did

    not get admission in any of the schools in Delhi and lost  one  academic

    year.=

The present appellants were  transferred  to  Delhi  from  different

    States of India.  As a result  of which many parents have to give up the

    admission of their children in previous places  and  have  to  shift  to

    Delhi in the mid of the session.  

Because of that,  their  children  did

    not get admission in any of the schools in Delhi and lost  one  academic

    year.Having considered the matter, we deem it appropriate to  relieve

    the appellants from the hardship of having the admission  being  granted

    earlier under Notification dated 18th December, 2013  from  being  taken

    away by the subsequent Notification dated 27th February, 2014, issued in

    the mid-stream.  

In our considered opinion, it was not  permissible  for

    the Administration to alter the basis of admission after  the  admission

    process had started and further having  participated  in  the  selection

    process the criteria for selection could not  have  been  questioned  by

    unsuccessful participants.

   

    20.     In the circumstances, we  direct  that  the  admissions  already

    granted to the appellants’ children shall not be disturbed on the  basis

    of impugned Notification dated 27th February, 2014 deleting  points  for

    Inter State Transfer.   These children shall  continue  their  study  in

    those schools where they got admitted or selected for admission.

   21.      In  course  of  argument,  Mr.  Gupta,  learned  senior  counsel

   appearing for the appellants, furnished a list of 22  parents  having  24

   candidates belonging to Inter-State Transfer category, who are successful

   under Notification dated 18th December,  2013.   Learned  senior  counsel

   submitted that these candidates are also entitled to  get  admission  and

   continue study in those schools.=

  Mr. Raju  Ramachandran,  learned  senior

   counsel appearing for Delhi Administration, fairly submitted  that  these

   24 candidates shall also be accommodated in the  schools.  Therefore,  we

   direct that these 24 candidates  shall  get  admission,  if  not  at  all

   admitted, being the successful candidates under the Inter-State  Transfer

   category under Notification dated 18th December, 2013.  It  goes  without

   saying that the Administration shall  take  steps  to  accommodate  these

   students in various schools within its  jurisdiction  by  increasing  the

   number of seats in such schools.  However, it is  made  clear  that  this

   order would only enure to the benefit of those  who  had  approached  the

   Court.  It would certainly not extend the benefit to those  who  had  not

   approached the Court or might have gone in slumber.

 

    22.      With the aforesaid directions  and  observations,  these  civil

    appeals are disposed of.   Consequently,  the  writ  petitions  and  the

    appeals pending in Delhi High Court also stand disposed of.

2014 ( May. Part ) http://judis.nic.in/supremecourt/filename=41516

H.L. DATTU, M.Y. EQBAL, S.A. BOBDE

‘REPORTABLE’

 
IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5379-5380/2014

(Arising out of Special Leave Petition(C) Nos.10265-10266 of 2014)

 
Major Saurabh Charan and others etc. …..Appellants

Versus

Lt. Governor, NCT of Delhi and others etc. ….Respondents

 
JUDGMENT
M.Y. EQBAL, J.:
Leave granted.

 
2. Appellants have preferred these appeals by special leave against
the interim order dated 3.4.2014 passed by the High Court of Delhi in
LPA No.238 of 2014 and LPA No. 237 of 2014 whereby the Division Bench of
the High Court while adjourning the said appeals directed that the
admission process shall be allowed to be completed for the other
categories of students except the candidates of the appellants who have
been transferred to Delhi from different States of India.
3. The present appellants were transferred to Delhi from different
States of India. As a result of which many parents have to give up the
admission of their children in previous places and have to shift to
Delhi in the mid of the session. Because of that, their children did
not get admission in any of the schools in Delhi and lost one academic
year.
4. On 18.12.2013, Lt. Governor of NCT of Delhi made order to amend
Recognised Schools (Admission Procedure for Pre-Primary Class) Order,
2007, according to which admission to open seats in the schools shall be
made only on the basis of following fixed parameters and points and
further clarifying that vacant/unfilled seat(s), if any, shall be filled
by draw of lots.
|S.No. |Parameters/Criteria |Points |
|1. |Neighbourhood up to 6 km |70 |
|2. |Sibling studying in school |20 |
|3. |Parent Alumni of School |05 |
|4. |Inter-State transfer case |05 |
| |Total |100 |
Notification also specified separate guidelines for Minority Schools,
Schools setup for specific government services like Armed
Forces/Paramilitary Forces/Central Services/All India Services. But we
shall constrain ourselves to the admission procedure in private unaided
recognized schools in Delhi.
5. On 14.2.2014, guidelines were issued by the Directorate of
Education to eliminate any possible malpractices under interstate
transfer category cases. The Department instructed schools to be extra
vigilant about possible manipulations under interstate transfer category
and make due diligence to verify the genuineness of transfer
certificates, including verification from the source of issue of such a
certificate. The Directorate of Education also instructed schools to
prepare data of applications received under interstate transfer with
particulars like number of applications, place from where transfer took
place, and number of applications the schools have “specifically
received from NCR that shares its border with Delhi”. The Department
also hinted at constituting a special team to conduct random inspections
of schools for verification of claims and Schools shall produce such
certificates for the inspection of the team specially constituted for
this purpose by the Directorate of Education.
6. To address the grievances of the parents in connection with the
entry level admission in private unaided recognized schools of Delhi,
the Directorate of Education on 17.2.2014 constituted Inspection Team at
each district of Delhi with a direction to conduct random checking for
verification of certificates/documents submitted to ensure their
genuineness and acceptability in term of fixed admission criteria.
7. While hearing matter, the High Court on 26.2.2014 directed the
State Government to take a decision with regard to interstate transfer
category and to issue a fresh schedule for draw of lots by 27.2.2014.
After taking cognizance of complaints/representations and on perusal of
sample data collected by the Inspecting Team and in compliance of
aforesaid order of the High Court, the Directorate of Education on
27.2.2014 issued a Notification and decided to do away with the Inter-
State Transfer Case criterion and deleted points of interstate transfer
cases.
8. Pursuant to aforesaid Notification dated 27.2.2014, following
directions have been issued to Recognized Unaided Private Schools of
Delhi for strict compliance:
1. With the deletion of points of ‘inter State Transfer Cases,
the points shall be determined only as per Neighborhood’ Sibling
studying in schools and ‘Parent Alumni of Schools criteria.
2. The list(s) already declared by the school till date will now
get modified to the extent that those seats assigned earlier to
inter-state transfer case category applicants shall stand
vacated.
3. If the 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.
9. Aggrieved by this notification, appellants moved the High Court
by filing Writ Petition No.1497/2014, upon which, the High Court while
issuing notice on 6.3.2014 granted interim stay of only direction no.3
and directed that all candidates having equal marks shall be considered
equally by conducting a fresh draw of lots, wherever necessary.
10. Aggrieved by the aforesaid order of the High Court, writ
petitioners preferred LPA No.238/2014 before the Division Bench of the
High Court. This order was also challenged in LPA No.237/2014 by some
of the 70 points holder parents, who were selected in draw of lots but
their admission stand cancelled.

 

11. After hearing learned senior counsel on either side and after
noting that the learned Single Judge himself was prima facie of the
view that the inter-state transfer case category was validly done away
with by virtue of the Notification dated 27.2.2014 as also the fact
that the appellant therein and those similarly situated were not
parties before the learned Single Judge, the High Court on 3.4.2014
while adjourning the matter, opined that the selection granted to the
appellants and similarly situated persons ought to be confirmed. The
High Court directed that the first part of Condition no.3 of the
Notification dated 27.2.2014 would operate with full vigour. High
Court, however, deferred its decision till next date of hearing so far
as second part of this Condition no.3 is concerned. High Court also
directed that till next date of hearing no fresh draw of lots shall
take place.

 

12. We have heard Mr. Nidhesh Gupta, learned senior counsel
appearing for the appellants and Mr. Raju Ramachandran, learned senior
counsel appearing for the respondents.
13. Admittedly under the Notification dated 18th December, 2013, the
children of the appellants had become eligible for admission inter alia
on the basis of being children of parents who have been transferred
inter State – by being allotted 5 points. The appellants had
participated in the draw of lots and secured 75% points i.e. 70 points
for Neighborhood and 5 points for Inter State Transfer, and were
successful. Acting on some information, and not on the basis of a case
by case enquiry, the Administration came to the conclusion that
approximately 50% seats were being taken by those who had taken the
Inter State Transfer points and therefore the Administration issued
Notification dated 27th February, 2014, changing the very basis of the
admission granted to the appellants’ children, by deleting the points
for Inter State Transfer cases and decided to determine eligibility on
the basis of Neighborhood Sibling.
14. It has been contended by learned counsel for the appellants
that the very basis of the Notification dated 27th February, 2014, that
approximately 50% of the seats were being claimed by the appellants’
children under the Inter State Transfer category is incorrect since data
provided by the Director of Education before the High Court on
24.03.2014 shows that the number of seats allocated to Inter State
Transfer category is 2925, which is not more than 9% of the total seats
available for that category. Therefore, the basis of the Notification
that approximately 50% of the Open Seats were claimed by the claimants
under the Inter State Transfer category is baseless. However, according
to learned counsel for the appellants the genuine cases had already been
separated from the fake cases at an earlier stage and there were no
reason to delete the points for Inter State Transfer category on this
count.
15. These matters were heard on several dates in order to find out
the solution. Mr. Raju Ramachandran, learned senior counsel appearing
for the respondents, has not given satisfactory answer to the question
posed by us as to whether after the admission process started on the
basis of Notification dated 18.12.2013, can it be changed by putting a
fresh condition.
16. In spite of several opportunities given to the Delhi
Administration, it has not been able to sort out the problems of
accommodating the children of the appellants to the entry level, whose
admission has been cancelled due to deletion of Inter-State Transfer
points vide Notification dated 27th February, 2014.
17. Indisputably, imparting elementary and basic education is a
constitutional obligation on the States as well as societies running
educational institutions. This Court held that children are not only
future citizens but also the future of the Earth. Elders in general and
parents and teachers in particular owe a responsibility for taking care
of the well-being and welfare of the children. In Brown v. Board of
Education of Topeka (No.1), 347 US 483, Earl Warren C.J., speaking for
the US Supreme Court, emphasised the right to education in the following
terms:-
“Today, education is perhaps the most important function of
State and local Governments. … It is required in the performance
of our most basic public responsibilities, even service in the
armed forces. It is the very foundation of good citizenship.
Today it is a principal instrument in awakening the child to
cultural values, in preparing him for later professional
training, and in helping him to adjust normally to his
environment. In these days, it is doubtful that any child may
reasonably be expected to succeed in life if he is denied the
opportunity of an education.”

18. In the facts and circumstances of the case, would it be proper
for the children whose parents have been transferred to Delhi from
different States of India can be denied admission in the schools much
less the non-aided schools because of the instructions issued by the
Government through its Education Department.
19. Having considered the matter, we deem it appropriate to relieve
the appellants from the hardship of having the admission being granted
earlier under Notification dated 18th December, 2013 from being taken
away by the subsequent Notification dated 27th February, 2014, issued in
the mid-stream. In our considered opinion, it was not permissible for
the Administration to alter the basis of admission after the admission
process had started and further having participated in the selection
process the criteria for selection could not have been questioned by
unsuccessful participants.
20. In the circumstances, we direct that the admissions already
granted to the appellants’ children shall not be disturbed on the basis
of impugned Notification dated 27th February, 2014 deleting points for
Inter State Transfer. These children shall continue their study in
those schools where they got admitted or selected for admission.
21. In course of argument, Mr. Gupta, learned senior counsel
appearing for the appellants, furnished a list of 22 parents having 24
candidates belonging to Inter-State Transfer category, who are successful
under Notification dated 18th December, 2013. Learned senior counsel
submitted that these candidates are also entitled to get admission and
continue study in those schools. Mr. Raju Ramachandran, learned senior
counsel appearing for Delhi Administration, fairly submitted that these
24 candidates shall also be accommodated in the schools. Therefore, we
direct that these 24 candidates shall get admission, if not at all
admitted, being the successful candidates under the Inter-State Transfer
category under Notification dated 18th December, 2013. It goes without
saying that the Administration shall take steps to accommodate these
students in various schools within its jurisdiction by increasing the
number of seats in such schools. However, it is made clear that this
order would only enure to the benefit of those who had approached the
Court. It would certainly not extend the benefit to those who had not
approached the Court or might have gone in slumber.

22. With the aforesaid directions and observations, these civil
appeals are disposed of. Consequently, the writ petitions and the
appeals pending in Delhi High Court also stand disposed of.
………………………….J.

(H.L. Dattu)

………………………….J.

(M.Y. Eqbal)

………………………….J.

(S.A. Bobde)

New Delhi,

May 07, 2014.

 

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