SC allows resumption of nursery admissions in Delhi
Dhananjay Mahapatra,TNN | May 7, 2014, 11.46 AM IST

READ MORE Supreme Court|Nursery admissions in Delhi
SC allows resumption of nursery admissions in Delhi
The SC said that wards of those who had approached the court challenging scrapping of the IST quota would be given admission even if a particular school had filled all the seats.
NEW DELHI: The Supreme Court on Wednesday allowed resumption of nursery admissions in Delhi which were stalled over scrapping of inter-state transfer quota seats.

The apex court quashed the February 27 notification issued by the Delhi lieutenant governor to scrap the inter-state transfer quota and granted admission to successful transfer quota candidates whose parents had approached court.

The apex court said wards of those who had approached the court challenging scrapping of the inter-state transfer quota would be given a seat even if a particular school had filled all seats and asked the Delhi government to raise number of seats, if required, to accommodate 24 students whose parents had approached the court.

With the Supreme Court's ruling, the five-monthlong impasse on nursery admissions in Delhi finally came to an end.

The SC had on April 11 put nursery admissions on hold again in Delhi schools after it put a stay on Delhi HC's April 3 interim order directing that those children who were selected in draw of lot for neighbourhood and other categories, be admitted.

It had on April 28 asked Delhi government to consider increasing seats in schools to accommodate inter-state transfer cases.

(Inputs from PTI)
SC lifts stay on nursery admissions; eligible students to get seats under IST quota
Written by Utkarsh Anand | New Delhi | May 7, 2014 11:21 am


The admissions in nursery was stalled in the city by the SC on April 11 after some parents challenged the February 27 notification, scrapping the IST quota. The admissions in nursery was stalled in the city by the SC on April 11 after some parents challenged the February 27 notification, scrapping the IST quota.
Summary
The court directed the schools to admit such children by increasing the seats if they have to.
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The Supreme Court on Wednesday lifted the stay on nursery admissions in Delhi and held that parents who have moved court against the Delhi government’s decision to scrap the Inter-State Transfer (IST) will get seats in schools for their toddlers this academic year.

The court also quashed the government’s February 27 notification by which the IST quota was scrapped. It said that the admissions shall be granted in accordance with the previous notification dated December 18, 2013, whereby eligible children got 5 extra points under IST quota.

The court directed the schools to admit such children by increasing the seats if they have to.

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24 children, whose parents had queued up in the apex court or the Delhi High Court against the February 27 notification are set to get relief after this order.

Earlier, supporting the parents whose genuine cases suffered after the Lt-Governor quashed the quota, the Court had last week held that it will pass orders for the government and schools for accommodating all such bonafide wards by increasing number of seats in the schools, if required.

A bench led by Justice H L Dattu said that all such parents and guardians who have come to the SC or have their cases pending before the Delhi High Court will get relief for their children.

But, “fence-sitter” parents will not have any say in the matter since they chose not to come to the court and waited for the outcome of petitions by others, the bench, while refusing to pass any “general order”, had clarified.

The court had then taken on record the submission by government counsel Raju Ramachandran that it was not possible to increase the number of seats by 5-7 in each school for the IST category. Responding to the court’s query, Ramachandran said the inability to increase seats had emerged following deliberations with the Lt-Governor and the schools. He had pleaded the bench to pass appropriate orders.

The admissions in nursery was stalled in the city by the SC on April 11 after some parents challenged the February 27 notification, scrapping the IST quota. They had come to the apex court after the HC allowed admissions without considering the IST cases.VERDICT - Supreme Court asks schools to adjust kids (24 ) who's parents 22 went to HC/SC for IST POINTS.





Hearing Details on 7 May COURT NO. 3
HON'BLE DR. JUSTICE B.S. CHAUHAN
HON'BLE MR. JUSTICE J. CHELAMESWAR
HON'BLE MR. JUSTICE M.Y. EQBAL
------------------------------
[THIS BENCH WILL ASSEMBLE AFTER THE PRONOUNCEMENT OF THE JUDGMENT
IN THE MATTER LISTED AS ITEM NO. 1A I.E. ORGNL. SUIT.NO.3/2006
ETC. IN CHIEF JUSTICE'S COURT BEFORE THE CONSTITUTION BENCH OF
HON'BLE THE CHIEF JUSTICE, HON'BLE H.L. DATTU, HON'BLE
CHANDRAMAULI KR. PRASAD, HON'BLE MADAN B. LOKUR AND HON'BLE
M.Y. EQBAL,JJ. AT 10.30 A.M. ]
FOR JUDGMENT
------------
BY : HON'BLE MR. JUSTICE M.Y. EQBAL
------------------------------
1A. SLP(C)No.10265-10266/2014 MAJ. SAURABH CHARAN & ORS ETC MS.ADITI GUPTA
XIV Vs. LT. GOVERNOR NCT OF DELHI & ORS ETC MR.SHISHIR DESHPANDE
107,127,133 S.( 705) MR. D.S. MAHRA
MR.SENTHIL JAGADEESAN
MR. GAGAN GUPTA

[ HEARD BY : HON'BLE H.L. DATTU, HON'BLE M.Y. EQBAL AND HON'BLE S.A. BOBDE, JJ. ]


-----------------------


High Court Cause List - Court No 1 for 7 May

HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 12 LPA 237/2014
With CM APPL. 5451/2014
CM APPL. 5441/2014
CM APPL. 5418/2014
CM APPL. 4747/2014
AFTER NOTICE MISC. MATTERS NITIN BHATIA Vs MAJOR SAURABH CHARAN & ORS SAKAL BHUSHAN, SURENDRA KUMAR BALAJI BIRAJDAR,MANJIT SINGH AHLUWALIA,ALAYA LEGAL
1 HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 13 LPA 238/2014
With CM APPL. 4822/2014
AFTER NOTICE MISC. MATTERS MAJOR SAURABH CHARAN AND ORS Vs LT GOVERNOR, DELHI & ORS LATIKA CHOUDHARY
SC to pass order on nursery admissions on May 7
by ibn last updated on May 05, 2014 at 4:57 pm
0 0

New Delhi: The five-month-long impasse on nursery admissions in Delhi may end on May 7 with the Supreme Court on Monday stating that it will pass order on that day and indicated that children of parents in the category of inter-state transfer who approached it will be given admission. The apex court posted the case for passing order on May 7 and made it clear that it cannot pass a general order and relief will be confined to those 22 parents who filed petitions before it for admission of their 24 kids. The apex court had on April 11 put nursery admissions on hold again in Delhi schools after it put a halt on the operation of the Delhi High Court's April 3 interim order directing that those children who applied and were selected in draw of lot for neighbourhood and other categories, be admitted. It had on April 28 questioned the Delhi government's decision of changing "rules of game" in the midst of nursery admission process and had asked it to consider increasing 5 to 6 seats in all schools for nursery admissions to accommodate inter-state transfer (IST) cases to protect the interest of students. The court is hearing an appeal filed by those parents who had come to Delhi from other places in the country and had sought admission under the IST category which was deleted during the admission process by the Delhi government owing to its abuse on a large scale. Challenging the HC order, the parents had submitted that as a result of the Delhi government's February 27 decision, they had to vacate the seats alloted to them after they were successful in draw of lots held as per earlier guidelines for admission. Earlier, those in IST category also had 75 points. As per the earlier point system for nursery admissions, out of a total 100 points, 70 were given if the child was living in the neighbourhood of the school, additional 20 were given if a sibling was studying there, five points more if either parent was an alumni and another five if it was an IST case.


SUPPLEMENTARY LIST FOR MONDAY THE 05TH MAY, 2014
COURT NO. 2
HON'BLE MR. JUSTICE H.L. DATTU
HON'BLE MR. JUSTICE M.Y. EQBAL
HON'BLE MR. JUSTICE S.A. BOBDE
------------------------------
PART-A MISCELLANEOUS MATTERS
--------------------------------
[ ITEM NOS.1-51 SHOWN BEFORE THIS COURT IN THE DAILY LIST FOR 05.05.2014
ISSUED ON 01.05.2014 ]
PART-HEARD
59.SLP(C)No.10265-10266/2014 MAJ. SAURABH CHARAN & ORS ETC MS.ADITI GUPTA
XIV A/N-H Vs. LT. GOVERNOR NCT OF DELHI & ORS ETC MR.SHISHIR DESHPANDE





Hindustan Times 3 May - SC says no relief to fence-sitters in nursery admissions

WE CANNOT HELP THE FENCE-SITTERS. PARENTS CAN’T BE FENCE-SITTERS AND GET RELIEF. IF THE COURT HAS TO GIVE ANY RELIEF IT WILL GO ONLY TO THE PETITIONERS.
SUPREME COURT BENCH

From page 01 NEW DELHI: The Supreme Court on Friday made it clear that only inter-state transfer candidates would be entitled to seek nursery admission for their wards.

A bench headed by Justice HL Dattu said relief cannot be given to fence-sitters, while holding that the Delhi government notification withdrawing the transfer points has to go.

“We cannot help the fencesitters. Parents can’t be fence-sitters and get relief. If court has to give any relief it will go only to the petitioners,” the bench told senior counsel Nidhesh Gupta, appearing for a group of parents whose kids lost their chance of seeking admission under the inter-state transfer category after new admission notification came in February this year.

Gupta told the court that though there were 25 parents before the SC, many were waiting for the outcome of the petition. “There are some intervenors too. But, their applications could not get listed,” Gupta told the bench.

The court said the relief would only be extended to those who had petitioned till Thursday. Those who were before the Delhi High Court would also get the benefit. It gave time to Gupta till May 5 to submit a list of such petitioners to enable court to pass its orders.

In response to the court’s earlier query whether four extra seats could be increased in every school to accommodate inter-state transfer cases, senior advocate Raju Ramachandran, on behalf of department of education, submitted that the schools had declined to do the same.

He, however, said since there were only a handful of such candidates, their cases could be considered after proper verification.

The SC had on April 11 put nursery admissions on hold after it stayed the HC’s interim order giving a go-ahead to the procedure. But in the wake of the Delhi government notification withdrawing the inter-state transfer category, the HC put such kids out of the process. This direction was challenged before the Apex court.

TOI

Nursery admissions may resume on Monday
Dhananjay Mahapatra,TNN | May 2, 2014, 11.54 PM IST



NEW DELHI: The Supreme Court on Friday said it would permit resumption of admissions to nursery classes on Monday after sorting out the controversy arising out of scrapping of interstate transfer category, which was done midway through the admission process.

A bench of Justices H L Dattu, M Y Eqbal and S A Bobde said children in the interstate transfer category whose parents had approached the court against the Delhi administration's decision to scrap the category would be accommodated this academic session.

Appearing for the parents of interstate transfer category aspirants, senior advocate Nidhesh Gupta said only a few had approached the court and a large number of parents were anxiously watching the proceedings hoping for relief.

The bench remained firm that relief would be given to only those who had moved court. "Fence-sitters will not get any relief," the bench said and asked Gupta to give a list of those who had approached the court . It asked Gupta to give the list on Monday to facilitate passing necessary orders.

The court had suggested to senior advocate Raju Ramachandran, who appeared for Delhi administration, to explore the possibility of increasing five seats in each school by holding consultations with the school management to accommodate interstate transfer category children.

Ramachandran told court the schools had expressed inability to increase the intake. He said the interstate transfer category was scrapped after the administration detected a large number of fake certificates. The counsel had informed the court that the policy was reviewed and interstate transfer category struck off as it was found that of the 1,500-odd applications under this category, more than 800 were fake.

The court said it was perfectly right for schools to reject those cases applying for admission on the strength of forged interstate transfer certificates. "But it is impermissible for you to start the admission process with a set of rules and change it midway," the bench said.

When Ramachandran said the number of such cases, which are before the court, might not exceed 25 and the administration would make every effort to accommodate them, the bench said, "Let them get (nursery admission) as a matter of right and not as charity."

In the 100-point nursery admission guidelines, interstate transfer category students were given 5 additional points to enable them to compete with local students for 30,000 seats. Post February 27, they were rendered without any seat and asked to compete again with 2.5 lakh students for 2,000 seats.



Firstpost India Delhi nursery admissions: SC pushes hearing to Monday 1 min ago #Delhi #Delhi Nursery Admissions #India #NewsTracker #Supreme Court inShare 0 CommentsEmailPrint The Supreme Court has posted the hearing on the issue of nursery admissions in Delhi to Monday, and said that the relief in the category of inter-state transfer can be provided only to those who have filed a petition in the court. Supreme Court The Supreme Court said it could not pass a general order: PTI A bench, headed by Justice HL Dattu, asked the counsel appearing for the parents of the admission seekers in the inter-state transfer category to place before it the list of the applicants. The court made it clear that it cannot pass a general order and said relief would be confined to those who are applicants before it. Senior Advocate Raju Ramachandran, appearing for the Department of Education, submitted that after consideration and consultation with the major schools it was not possible to increase the number of seats by 5 to 6 for the inter-state transfer category. The apex court had on April 11 put nursery admissions on hold again in Delhi schools after it put a halt on the operation of the high court's April 3 interim order directing that those children who applied and were selected in draw of lot for neighbourhood and other categories, be admitted. PTI

Read more at: http://www.firstpost.com/india/delhi-nursery-admissions-sc-pushes-h...







SC hearing Details on 2nd may

In Nursery admission matter regarding admission based on transfer points, supreme court indicated to get relief to the petitioners. But supreme court said that the order of this court would not be applicable in general. Those person who have filed petition in Supreme court and High court , relief will be given to them only. Those who r not a party and just watching it no relief for them.

SUPPLEMENTARY LIST FOR FRIDAY THE 02ND MAY, 2014
COURT NO. 2
HON'BLE MR. JUSTICE H.L. DATTU
HON'BLE MR. JUSTICE M.Y. EQBAL
HON'BLE MR. JUSTICE S.A. BOBDE
------------------------------
PART-A MISCELLANEOUS MATTERS
--------------------------------
[ ITEM NOS.1-53, 55-56 SHOWN BEFORE THIS COURT IN THE DAILY LIST FOR 02.05.2014
ISSUED ON 28.04.2014 ]
[ ITEM NO. 54 I.E. SLP(C)NO.39155/2013 DELETED ]
57.SLP(C)No.10265-10266/2014 MAJ. SAURABH CHARAN & ORS ETC MS.ADITI GUPTA
XIV A/N-H Vs. LT. GOVERNOR NCT OF DELHI & ORS ETC MR.SHISHIR DESHPANDE
107,127,133 S.( 705) (WITH APPLN.(S) FOR INTERVENTION MR. D.S. MAHRA
AND WITH PRAYER FOR INTERIM MR.SENTHIL JAGADEESAN
RELIEF AND OFFICE REPORT) MR. GAGAN GUPTA
[ TO BE TAKEN UP AS FIRST CASE ]







DAINIK BHASKAR 2MAY



Nursery: More seats is not a viable option, say schools
HT Correspondent, Hindustan Times New Delhi, May 01, 2014




Representatives of city schools met officials of the directorate of education on Wednesday to discuss possible solutions to the standoff in the nursery admission process and said that increasing seats was not a viable option.

The Supreme Court, on Monday, had asked the DOE to talk to schools regarding a one-time increase of 5 to 6 seats in schools to accommodate transfer points’ parents.

The interstate transfer category was cancelled by the DOE after it found that some parents had forged transfer documents to get an edge over others. The DOE had initially allotted 5 points to children of those parents who were transferred to the city. In some schools, more than half of those selected in lotteries were from the transfer points’ category.

According to schools, the increase in seats was not a practical solution as schools would then have to increase the number of seats in the EWS and the girl child category too to maintain the mandated 25% and 5% reservation. Schools also stated that the last minute increase could set a precedent that could cloud future admission processes.

“It was a very productive and positive meeting. We have communicated to the directorate of education our reservations against increasing the number of seats. Apart from the issue of creating an imbalance in the EWS category and the girl child category reservations, it will set a precedent that can be quoted later and snowball into a bigger problem. We are satisfied with the discussion that took place today,” said Ameeta Wattal, principal, Springdales School, Pusa Road.

The DOE is expected to communicate the schools’ views to the court on Friday.


The Statesman


Delhi school representatives have decided to stand by its decision and change rules of admission for students falling under inter-state transfer category in a meeting held here today.
In the meeting, the school representatives suggested that the Right To Education does not allow more than 40 children in one section. Before the seats are increased, the infrastructure should be considered, and the Economically Weaker Section (EWS) category would be distressed as well. The President of Delhi State Public Schools' Management Association, RC Jain mentioned that if there is an increase in seats for pre-nursery, then the number of students would keep on increasing for the coming years. "It is very difficult as a standard classroom for Classes from pre Primary to Class X should be of 2000 sq mts and 40 feet of space is required for the teacher to walk in the classroom to demonstrate the students," added Jain.
The school representatives also said that the standard student teacher ratio is 40:1 and they cannot accommodate more students as the limit would exceed. "The student-friendly environment also plays a key role as a student also needs a place for himself or herself in the class, that purpose cannot be fulfilled if we try to accommodate more students," added Jain.
The National Progressive Schools Conference (NPSC) Chairperson, Ameeta Mulla Wattal, who is also the principal of Springdales School (Pusa Road) said that they cannot add to the number of seats for students falling under the category of "inter-state transfer" case.
The Supreme Court, on Monday had directed the Delhi government to check with Lieutenant Governor Najeeb Jung on whether private schools could be allowable to augment five to six seats to have room for IST category students. Earlier, those in IST category also had 75 points but in an order on 3 April, the Delhi High Court sustained the decision of the Delhi government to scrap these added settlements.
The private schools in Delhi start their classes till 15 April but this time they are unable to start the admission process due to legal battle between parents and DOE, Delhi government.

Nursery Admissions - Millenniumpost - Delhi govt to defend stand on nursery admissions

Delhi government has decided to stand by its decision and would not relax rules of admission for students falling under inter-state transfer category. The education department has reportedly objected to the idea of one time relaxation for the students of this category.

In a high-level meeting of the directorate of education on Tuesday, the department decided to defend its policy of admission. ‘The officers of the education department unanimously decided that the government should defend its policy in the court,’ said a senior officer of the directorate of education (DOE). However, Delhi government did not submit any reply in the Supreme Court on Tuesday on the issue as the judge hearing the case was on leave and the matter has been listed for hearing on Friday. ‘We have not submitted any written reply in the court so far,’ added the official.

The Supreme Court, on Monday, taking a lenient view on the issue, had directed the Delhi government to consult Lieutenant Governor Najeeb Jung on whether private schools could be allowed to increase five to six seats to accommodate IST category students. Earlier, those in IST category also had 75 points but in an order on 3 April, the Delhi High Court upheld the decision of the Delhi government to scrap these additional benefits.

The private schools in Delhi start their classes till 15 April but this time they are unable to start the admission process due to legal battle between aggrieved parents and DOE, Delhi government.
Rashtriya Sahara- अब गर्मी की छुट्टियों के बाद ही लग सकेंगी नर्सरी कक्षाएं - Sumit Vohra
एडमिशन नर्सरी डॉटकॉम के प्रमुख सुमित वोहरा ने कहा कि दाखिले व क्लासेज शुरू होने में हो रही देरी के चलते पेरेंट्स काफी टेंशन में हैं। पेरेंट्स चाहते हैं कि यदि अप्रैल में क्लासेज शुरू नहीं होती हैं तो स्कूल अप्रैल माह की फीस रिफंड कर दें। उन्होंने कहा कि कुछ स्कूल नर्सरी की कक्षाएं चला रहे हैं। ऐसे में उन पर कार्रवाई करनी चाहिए। नर्सरी एडमिशन में इंटर स्टेट ट्रांसफर केस के प्वाइंट्स को लेकर सुप्रीम कोर्ट में एक बार फिर सुनवाई टलने से यह तय है कि पब्लिक स्कूलों में नर्सरी की क्लासेज अब गर्मी की छुट्टियों के बाद ही लगनी शुरू होंगी। ज्यादातर स्कूलों में दस मई के बाद से गर्मी की छुट्टियां शुरू हो रही हैं। उधर, लगातार हो रहे डिले से स्कूल और पेरेंट्स टेंशन में हैं। वे पेरेंट्स खासतौर पर ठगा सा महसूस कर रहे हैं, जो एडमिशन कन्फर्म होने के बाद अप्रैल माह की फीस जमा करा चुके हैं। सुप्रीम कोर्ट में अब शुक्रवार को इंटर स्टेट ट्रांसफर केस वाले बच्चों के दाखिले को लेकर सुनवाई होगी। शुक्रवार को फैसला आ जाएगा, यह भी तय नहीं है। शुक्रवार को यदि फैसला आ भी जाता है तो भी एडमिशन की सारी औपचारिकताएं पूरी करने में कम से कम एक हफ्ते या दस दिन का समय लग ही जाएगा। यानी तब तक गर्मी की छुट्टियां शुरू होने की डेट आ जाएंगी। पीतमपुरा स्थित एमएम पब्लिक स्कूल की प्रधानाचार्य रूमा पाठक ने कहा कि जिस तरह से नर्सरी एडमिशन में देरी हो रही है, उसे देखते हुए लगता है कि अब नर्सरी की क्लासेज गर्मी की छुट्टियों के बाद ही शुरू हो सकेंगी। हालांकि स्कूल प्रशासन अदालत व शिक्षा निदेशालय का जो भी आदेश होगा, उसका पालन करेगा। उनके स्कूल में नर्सरी में करीब 50 बच्चों के एडमिशन हो चुके हैं। रोहिणी स्थित माउंट आबू पब्लिक स्कूल की प्रधानाचार्य डॉ. ज्योति अरोड़ा ने बताया कि नर्सरी दाखिले में हो रहे लगातार डिले को देखकर लग रहा है कि अब क्लासेज गर्मी की छुट्टियों के बाद ही शुरू हो सकेंगे। उनका स्कूल20 मई से बंद हो रहा है। नर्सरी के बच्चों के लिए 10 मई से छुट्टियां पहले से तय हैं। हालांकि शिक्षा निदेशालय का जो भी आदेश होगा, उसका पालन किया जाएगा। आरकेपुरम स्थित रामजस स्कूल की प्रधानाचार्य रचना पंत ने कहा कि उनके स्कूल में नर्सरी में 72 बच्चों के दाखिले हो चुके हैं। कुल सीटें 135 हैं। स्कूल में गर्मी की छुट्टियां 14 मई से पड़ रही हैं। अभी तक कोर्ट का कोई फैसला नहीं आया है। फैसला आने के बाद एडमिशन प्रोसेस कंप्लीट करने में कुछ दिन लगेंगे। ऐसे में नर्सरी की क्लासेज जुलाई से ही शुरू हो पाएंगी।






Supreme Court on Tuesday deferred the hearing into nursery admission case till May 02.

On Monday, the apex court had asked the Delhi government's education department to explore the possibility if five to six seats each could be increased in the nurseries of private schools to accommodate entrants under the inter-state category.

A bench of Justice HL Dattu, Justice MY Eqbal and Justice SA Bobde had on Monday asked the education department to get back on Tuesday after speaking to private schools.

Senior counsel Raju Ramachandran, appearing for the education department, had told the court that the admissions in nursery sections have to take place in private schools only and urged it to pass an order directing creation of additional five to six seats in each school to accommodate toddlers under the inter-state category.

Asking the department to explore the possibility of creating more seats in the schools with nursery sections, the court took strong exception for changing of the entire criteria spelt out in the first notification issued in December 2013.

"You can't change the rules of the game midway. We had upheld the first notification of December 2013 to protect your policy and the interest of children. Now can you do it in between," the court had asked admonishing the department.

The Supreme Court had on April 11 put on hold the April 03 Delhi High Court nod to the schools to go ahead with the admission process except inter-state transfer admission cases.

The high court, while permitting the admission under all the categories, had said the nursery admissions under inter-state category would wait as it would hear their matter.

The entire admission process under the inter-state category came under cloud as it was suspected that the fake admissions were being pushed through it.

This was the outcome of a survey which pointed to fake attempts under the inter-state category while kids under the neighbourhood category were losing to the inter-state category as the latter had more points.

However, now it has surfaced that 7,238 applications under inter-state category were genuine and 2,209 were not.

(With IANS inputs)
ITEM NO.58 COURT NO.2 SECTION XIV

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil)
No(s).10265-10266/2014
(From the judgement and order dated 03/04/2014 in LPA
No.237/2014,LPA No.238/2014 of the HIGH COURT OF DELHI AT N.
DELHI)

MAJ. SAURABH CHARAN & ORS ETC Petitioner(s)

VERSUS

LT. GOVERNOR NCT OF DELHI & ORS ETC Respondent(s)
(With prayer for interim relief and office report )

Date: 28/04/2014 These Petitions were called on for hearing
today.

CORAM :
HON'BLE MR. JUSTICE H.L. DATTU
HON'BLE MR. JUSTICE M.Y. EQBAL
HON'BLE MR. JUSTICE S.A. BOBDE


For Petitioner(s) Mr.Nidhesh Gupta, Sr.Adv.
Ms.Latika, Adv.
Ms.Aditi Gupta,Adv.


For Respondent(s) Mr.V.K.Gupta, Sr.Adv.
Ms.Ruchira Gupta, Adv.
Mr.Shishir Deshpande,Adv.

Mr.Raju Ramachandran, Sr.Adv.
Ms.Rekhay Pandey, Adv.
Mr. D.S. Mahra ,Adv

R.No.23 Mr.Ashok Agarwal, Adv.
Mr.Khagesh B.Jha, Adv.

Intervenor Mr.Senthil Jagadeesan, Adv.
Mr.Divjyot Singh, Adv.
Mr.Govind Manoharan, Adv.

Intervenor Mr.Gagan Gupta, Adv.
Mr.Kamal Gupta, Adv.
2


UPON hearing counsel the Court made the following
O R D E R

List the matter at 2.30 p.m. tomorrow, i.e. on 29th
April, 2014 as part-heard before the same Bench.



(G.V.Ramana) (Vinod Kulvi)
Court Master Asstt.Registrar
COURT NO. 2

Nurssery school admission:
Supreme court sugested the Govt that for this session 5 to 6 seats has to be. Increased so the inter state transfer cases could be accomodated. Court directed the counsl of Delhi Govt and school owners that u discuss on the suggestion and come back to us tommorow with your decision. Court said its a policy matter and there should be some permanent solution. Court said that if u can't resole it we will find a solution.

GOVT TO ANS TILL 3 PM TOMORROW

Delhi nursery admissions: Hope for inter-state parents

Cities | Edited by Zoya Anna Thomas | Updated: April 28, 2014 15:02 IST
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Delhi nursery admissions: Hope for inter-state parents

(Representational Image)
New Delhi: There is hope for inter-state parents in the Delhi nursery admissions case. The Supreme Court today asked the Delhi government to consult the Lieutenant Governor on whether schools can increase 5-6 seats in nursery classes so that the problem of inter-state cases can be solved.

The Supreme Court also told the government that it cannot change the rules mid stream, referring to the government's February notification that removed the inter-state quota. The state government in its December 18 notification had included a quota for inter-state children.

Parents come from long distances, you can't change the policy all of a sudden, said the court, adding that parents have been wasting money on silly litigation.

Meanwhile, the Delhi government told the court that it cannot direct private schools to increase seats. The court in return asked the government to discuss the issue with the private school association, and to report back by tomorrow.

Nursery admissions in Delhi have been fraught with chaos for the past few years but this time, the process has dragged the longest, with multiple hold-ups and confusion. Over the last month, the admission process has been stalled several times.
STAY CONTINUES
HON'BLE MR. JUSTICE H.L. DATTU
HON'BLE MR. JUSTICE M.Y. EQBAL
HON'BLE MR. JUSTICE S.A. BOBDE

58. SLP(C)No.10265-10266/2014 MAJ. SAURABH CHARAN & ORS MS.ADITI GUPTA
XIV A/N-H ETC MR.SHISHIR DESHPANDE
.Vs. MR. D.S. MAHRA
2ND LISTING LT. GOVERNOR NCT OF DELHI &
ORS ETC
(WITH PRAYER FOR INTERIM
RELIEF AND OFFICE REPORT)
PART-B FINAL DISPOSAL MATTERS

-----------------------------
Nursery Admissions NBT -28 Apr - नर्सरी पर फैसला आज
nविस, नई दिल्ली :सेशन 2014-15 के नर्सरी एडमिशन का मामला अभी भी उलझा हुआ है। मंडे को सुप्रीम कोर्ट में अहम सुनवाई होने वाली है। इसके बाद यह साफ हो सकता है कि नर्सरी का नया सेशन और एडमिशन प्रोसेस कब से शुरू होगा/ नर्सरी को लेकर इस बार पैरंट्स तो फुल टेंशन में हैं ही, स्कूल भी परेशान नजर आ रहे हैं। कुछ स्कूलों में नर्सरी की क्लास शुरू हो गई है जबकि ज्यादातर स्कूल अभी कोर्ट के फैसले का इंतजार कर रहे हैं।जिन पैरंट्स के बच्चों का एडमिशन हो गया है, वे भी टेंशन में हैं। जिनको अभी एडमिशन का इंतजार है, उनकी टेंशन का अंदाजा लगाना मुश्किल नहीं है।
एडमिशन नर्सरी डॉट कॉम के फाउंडर सुमित वोहरा का कहना है कि पैरंट्स अब इस मसले का हल चाहते हैं। जिनके बच्चे स्कूल में एडमिट हो गए हैं, उनकी टेंशन यह है कि बच्चे अभी स्कूल नहीं जा रहे हैं। ऐसे में कोर्ट के फैसले को उन्हें भी बेसब्री से इंतजार है। उनके पास जितने भी कमेंट आ रहे हैं, उनमें पैरंट्स अब कोर्ट में अगली तारीख नहीं चाहते।

Nursery Admissions - Indian Express - 28 Apr - Nursery issue should be given top priority, says new CJI
Written by Utkarsh Anand | New Delhi | April 28, 2014 1:10 am



R M Lodha R M Lodha
Summary
I will find out where the Nursery issue stands and if it needs to be given the topmost priority, it shall be given so, the CJI assured.
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Reviving the hopes of anxious parents and the perplexed school authorities, the new Chief Justice of India R M Lodha said on Sunday that the issue pertaining to the nursery admission in Delhi schools was a “priority” matter and it may be decided on an urgent basis.

On the day he took over as the CJI, Justice Lodha said although he would not want to comment on a matter which is already pending in the Supreme Court, he would certainly inquire if the issue required vital attention in the wake of the concerns being raised.

“I would not want to comment upon sub-judice matter. Every judge is the master of his court. It is for them to consider how important a matter is if it is for the future of the children or their parents and hence requires the priority. It is for the concerned judge to think,” Justice Lodha said.

“Surely no Chief Justice can influence the decision-making process. However, for the Supreme Court, it is a priority matter. I will find out where it stands and if it needs to be given the topmost priority, it shall be given so,” the CJI assured.

Ushering in another spell of uncertainty and confusion for parents as well as schools, the apex court had on April 11 put on hold nursery admission — barely a week after the Delhi High Court’s nod. It stayed the directions on April 3, whereby the High Court had allowed resumption of the process, and confirmed the admission of those selected in the first draw of lots after scoring 70 points and more.

While parents of children who got admission in multiple schools were granted time till April 9 to choose one school, those who had sought to avail five points under the inter-state transfer (IST) quota, were asked to wait until April 16, the next date of hearing.

Admitting a petition by parents wanting to avail IST quota points, the SC had stalled the operation of the High Court and issued notices to the Delhi government.

This order acted as a virtual restraint on any further admissions in Delhi schools until another order is passed by the Supreme Court. Subsequently, when the matter came up for hearing in the High Court on April 16, the High Court refrained from touching the issue.

Later, the matter was mentioned before the Supreme Court for an urgent hearing and it agreed to take it up on April 28.

By: News Nation Bureau Updated On: 21, Apr 2014 | 11:12 AM (IST) inShare Nursery admission: Hearing adjourned in Supreme Court till April 28 New Delhi : The hearing in the nursery admission case was adjourned in the Supreme Court on Monday. The matter will now come up for hearing on April 28. The Supreme Court had on April 11 stayed the Delhi High Court order on going ahead with nursery admissions without considering points for inter-state transfer of toddlers. The Delhi High Court had earlier this month lifted its stay on nursery admissions and ordered its resumption with certain directions, including kids selected in draw of lots under neighbourhood criteria will get admission.

http://www.videosamachar.com/play/sc-extends-stay-on-nursery-admiss...

SC to hear nursery admission case on Apr 28



The Supreme Court today agreed to give an urgent hearing on the controversy surrounding nursery admission in the capital and fixed the case for April 28.

A bench headed by Chief Justice P Sathasivam, before whom the matter was mentioned, posted the case for hearing next week.

The apex court had on April 11 put nursery admissions on hold again in Delhi schools after a bench of justices H L Dattu and S A Bobde put a halt on the operation of the High Court's April 3 interim order directing that those children who applied and were selected in draw of lot for neighbourhood and other categories, be admitted.

The apex court had passed the order on the appeal filed by those parents who had come to the national capital from other places of the country and had sought admission under the inter-state transfer (IST) category which was deleted during the admission process by the Delhi government owing to its abuse on a large scale.

Counsel appearing for the IST category parents had submitted that as a result of the Delhi government decision of February 27, his clients had to vacate the seats alloted to them after they were successful in draw of lots held as per earlier guidelines for admission.

The high court, however, had not passed an order regarding the fate of the seats vacated by the IST category and had deferred the issue till April 16, the next date of hearing.

Earlier, those in IST category also had 75 points.

"The result of the impugned order (of April 3) is that the petitioners will not even be considered for approximately 60 per cent seats taken by the 70 pointers pursuant to the December 18, 2013 notification," they had submitted.

As per the earlier point system for nursery admissions, out of a 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 if it is an IST case.


NBT

नर्सरी : मई में एडमिशन प्रोसेस
• प्रमुख संवाददाता, सुप्रीम कोर्ट



नर्सरी एडमिशन मामले में सुप्रीम कोर्ट 28 अप्रैल को सुनवाई करेगा। कोर्ट में सोमवार को कुछ पैरेंट्स की ओर से गुहार लगाई गई कि जल्दी सुनवाई की जाए। सुप्रीम कोर्ट ने 11 अप्रैल को नर्सरी एडमिशन शुरू करने के हाईकोर्ट के आदेश पर रोक लगा दी थी। कोर्ट ने हाई कोर्ट के 3 अप्रैल के आदेश पर रोक लगाई थी। हाईकोर्ट ने आदेश दिया था कि दिसंबर के एलजी नोटिफिकेशन के तहत हुए ड्रॉ के बाद जिनका भी सिलेक्शन हुआ है, उनका दाखिला शुरू किया जाए। हाई कोर्ट ने कहा था कि इंटर स्टेट ट्रांसफर कैटिगरी के 5 पॉइंट खत्म करने के कारण जिन लोगों का सेलेक्शन रद्द हुआ है, उनके मामले में सुनवाई के लिए 16 अप्रैल की तारीख तय की थी। इंटर स्टेट ट्रांसफर कैटिगरी के स्टूडेंट के पैरंट्स ने हाई कोर्ट के डबल बेंच के आदेश को सुप्रीम कोर्ट में चुनौती दी है। सुप्रीम कोर्ट ने हाई कोर्ट के आदेश पर रोक लगा दी थी। अब उन पैरेंट्स ने सुप्रीम कोर्ट में गुहार लगाकर जल्दी सुनवाई की दलील दी है जिनके बच्चों का सिलेक्शन हो गया था।


28 को सुनवाई



• विशेष संवाददाता, नई दिल्ली



सेशन 2014-15 में नर्सरी का नया सेशन कब से शुरू होगा, यह सवाल पैरंट्स को तो परेशान कर ही रहा है, साथ ही अब स्कूलों की टेंशन भी बढ़ गई है। अभी तक एडमिशन भी पूरे नहीं हुए हैं। वहीं 15 मई के आसपास स्कूलों में समर वैकेशन भी शुरू होनी हैं। सुप्रीम कोर्ट में नर्सरी मामले की सुनवाई 28 अप्रैल को होगी, यानी यह भी तय है कि अब अप्रैल में तो नया सेशन शुरू नहीं होगा। स्कूलों के मुताबिक मई में एडमिशन प्रोसेस चलने की उम्मीद है और नए सेशन के लिए पैरंट्स को समर वैकेशन खत्म होने के बाद 1 जुलाई तक का इंतजार करना पड़ सकता है।

हालांकि कुछ स्कूलों ने नर्सरी का नया सेशन शुरू कर दिया है लेकिन जानकार इसे ठीक नहीं मानते। शिक्षा निदेशालय ने भी नए सेशन को लेकर लीगल ओपिनियन ली और यही फैसला हुआ कि सुप्रीम कोर्ट के आदेश के बिना नया सेशन शुरू नहीं हो सकता।

बाल भारती पब्लिक स्कूल, पूसा रोड के प्रिंसिपल एल. वी. सहगल का कहना है कि इस बार बहुत देर हो गई है। स्कूलों में जब तक सभी एडमिशन नहीं हो जाते, तब तक नया सेशन शुरू नहीं किया जा सकता। वहीं समर वैकेशन ज्यादा दूर नहीं हैं। 15 मई के बाद भी एडमिशन प्रोसेस होता है तो स्टाफ को छुटि्टयों में भी बुलाना होगा। एडमिशन नर्सरी डॉट कॉम के फाउंडर सुमित वोहरा का कहना है कि पैरंट्स का धैर्य जवाब देता जा रहा है। सुमित वोहरा का कहना है जिन पैरंट्स के बच्चों का एडमिशन हो चुका है, वे नया सेशन शुरू होने के इंतजार में हैं।




Pionner 23 Apr - Parents sitting ducks as nursery schools start term
Wednesday, 23 April 2014 | Staff Reporter | New Pione
Despite the deferred Supreme Court hearing and the Directorate of Education (DoE) directive that no school in the Capital can start nursery classes, several schools began their term on Monday. While some people claim that these schools don’t come under the ambit of the guidelines, the DoE has a contrary version to deliver. Thus, a lot of parents and schools are out on a limb over contradictory reports.

Padmini Singla, Director of Education, has issued an order on April 15 stating that all the schools must comply with the Supreme Court order. However, a lot of schools interpreted the order in their own way and started the session on Monday. “We had asked everyone to comply with the SC order, which meant that there was a stay on nursery admissions and no one should have opened their schools. People who have not complied with this directive will now have to deal with it once the SC issues their order on April 28. Our role was to notify them, and we did that. Rest is on them,” she said.

School administrators who have still not started nursery classes have a different version to the story. According to Ameeta Mulla Wattal, Principal, Springdales School, Pusa Road, the schools that have opened are all minority schools, which don’t come under the ambit of guidelines. “All minorities are allowed to open. There has just been so much confusion. People do not understand that the schools that have opened are minority schools. In case any other school has opened, I cannot comment. But what I feel is that nobody will do contempt of court on

purpose,” she said.

“In the confusion of which school comes under the guidelines and which does not, parents are very distressed. Parents on online forums have also posted that it is just bad luck that their child







needed to go to nursery this year. Even if the schools are not opening now, the anticipation of when they will finally open is consuming them, said Ricky Khorana, a parent. “The state of confusion is just too much. People are so unnerved by this. Now the hearing is only on April 28. After that when will the schools open? Even if they open in the first week of May, by May 15 they will be shut again for the summer break. The money we have paid is also likely to go down the drain and schools are not saying anything,” he added.

Sumit Vohra, founder of admissionsnursery.com, opined the same. “Parents have lost their patience. There are so many versions that parents are confused which one is correct,” he said. CauseNEXT DATE OF SC