advocatemmmohan

My photo

ADVOCATEMMMOHAN -  Practicing both IN CIVIL, CRIMINAL AND FAMILY LAWS,Etc.,

WELCOME TO LEGAL WORLD

WELCOME TO MY LEGAL WORLD - FOR KNOWLEDGE IN LAW & FOR LEGAL OPINIONS - SHARE THIS

Sunday, May 18, 2014

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 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.=

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.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.