Nursery admission: HC to hear plea against fresh draw of lots
New Delhi: The Delhi High Court on Tuesday agreed to hear a plea of some parents against the order of single judge bench asking the city government to conduct a fresh draw of lots among children having equal points for nursery admission in the national capital.
"Now, it seems everything (admisison process) is over. Anyway, you file the compact disc of records, we will hear it tomorrow," a bench comprising acting Chief Justice B D Ahmed and Justice Siddharth Mridul said.
The fresh plea has been filed by guardians of 14 children alleging they were already declared selected for nursery admisison after the draw of lots and will have to undergo the same process again in pursuance of the single judge bench March 6 order on the issue.
The present dispute started after the Lieutenant Governor had on February 27 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 kilometers 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 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.
"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.
The present appeal, filed through lawyers Sakal Bhushan and Surendra Kumar, has sought setting aside of March 6 order saying "a large number of draws have already been held and wards of appellants have been selected for admission."
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".
"If those persons who have earlier secured 75 points because of inter-state transfer criteria have to be again considered, they should be considered by a fresh draw of lots to be held amongst themselves along with the remaining applicants having 70 points and not at the cost of the appellants herein who had already participated in the draw of lots earlier held validly for those applicants securing 70 points," it said.
Earlier, the government had told the court that it had decided to scrap the inter-state transfer category for which five extra points were awarded to a kid in the admission process.
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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