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कहा, सभी बच्चों को दाखिलों में समान अवसर देना जरूरी
Soibam Rocky Singh, Hindustan Times New Delhi, March 06, 2014
The Delhi high court on Thursday ordered a fresh draw of lots for all nursery seats, prolonging the agony of parents battling furious competition to get their children in schools of their choice.
Justice Manmohan said a fresh draw of lots was necessary for all seats, including the confirmed one and those vacated after scrapping of the inter-state transfer points, to put all the children on equal footing.
Seat allocation has already been hit after the transfer category was done away with following complaints of fake certificates being used to secure admissions.
The Delhi government on February 27 through a notification scrapped the inter-state transfer category under which it used to give five additional points to children whose parents were transferred to the national capital from another state.
At present admission process follows 95-point system -- 70 points allocated to neighbourhood criteria, 20 to sibling category and five points under alumni criteria.
Thursday’s order is a setback for children who have already been selected as they will have to start all over again. This will be the third time that a draw of lots will be held for nursery admissions for the 2014-15 academic session that opens April 1.
The first draw of lots was cancelled after the February 27 notification.
The process could be delayed further as many parents whose children were selected in the subsequent draw may challenge the order. Sources in the directorate of education (DoE) said the March 15 deadline for schools to come out with the first list remained.
The court also stayed a provision of the February 27 notification that asked schools to conduct a fresh draw only for the seats vacated by transfer candidates.
Some parents told the court if lots were not drawn for all the seats, the transfer candidates would not get a chance to compete against those picked in the earlier draw. Transfer candidates should also be given equal opportunity to compete with other candidates having equal points, senior advocate Nidhesh Gupta said.
The case will now be heard on July 25.
Timeline
2007 - The government set up a committee to look for ways to change the nursery admission process in the city. The Ganguly Committee report that came out suggested that interviews and tests that were conducted to should be abolished and schools should admit students using the points system
Till 2013, schools admitted students based on the points that they themselves decided. The most common of these were distance, alumni, sibling and girl child. The quantum of points for each category varied from school to school.
In December 2013, the directorate came out with guidelines that mandated all schools to follow the same points system that would give maximum points to distance followed by sibling and alumni and transfer points.
In February 2014, parents went to court against the transfer points category calling it misguided and discriminatory. The court asked the government to do away with the category
Fact box
# In December 2013, the Lieutenant Governor issued guidelines that mandated all schools to follow the same points system that would give maximum points to distance followed by sibling and alumni and transfer points.
# After a series of complaints of fake transfer certificates being used for admission were reported, a set of parents challenged the guidelines in court.
# The court scrapped the 5 points for transfer
# The court later ordered all schools to hold fresh lotteries in the open category
NEW DELHI: For a parent like me, securing admission for my child in nursery this year has been nothing short of torture — mental as well as physical. And the agony hasn’t ended yet.
I did the rounds of 18 schools, big and small, within 8kms of my home in Rohini to deposit the forms. Expectedly, I encountered mind-numbing long queues. It usually took me up to an hour at some schools to just deposit the forms.
Braving the cold on wintry mornings, I visited many of these institutions a second time for verification of attested documents I had submitted with the forms.
Always, there was a lurking fear that my son could very well fail the crucial first test of his education life even before he had begun formal education.
My child mustered 70 of the total 100 points but that was not enough. I soon found that his name did not figure on the admission list in any of the schools I had applied to. The list had names of children who secured between 75 and 90 points.
Just when I thought the ordeal was coming to an end, the Delhi High Court scrapped five points allotted for inter-state transfer, directing schools to hold lotteries again. It gave me hope that my son would make it to the first list to be out on March 15.
On Thursday, the cour t scrapped the draw again, leaving the future of thousands of young children hanging in balance. The new academic year is to begin in less than a month.
Education is the key to putting lives of our children on the path to success. This is a mess to which we must find a solution, the sooner the better.
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strong agree with Varun jee
YESTERDAY RE-DRAW COURT ORDER IN DETAIL
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 1497/2014 and CM APPL. 3124/2014 MAJOR SAURBH CHARAN and ORS. ..... Petitioners Through: Mr. Nidhesh Gupta, Senior Advocate with Mr. Bharat Singh, Mr. M.K. Ghosh and Mr. Praveen Kumar, Advocates.
versus
LT. GOVERNOR DELHI and ORS. ..... Respondents Through: Mr. Raju Ramachandran, Senior Advocate with Mr. V.K. Tandon, and Mr. Yogesh Saini, Advocates for respondents. Mr. Ashok Agarwal, Advocate for Intervener/ Social Jurist.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN O R D E R
06.03.2014 Present writ petition has been filed challenging the Order dated 27th February, 2014 issued by the Lieutenant Government, NCT of Delhi whereby 05 points for Inter State Transfer have been abolished. The said Order dated 27th February, 2014 further inter alia directs ?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.?
On the oral prayer of Mr. Ashok Agarwal, Advocate, Social Jurist, a Civil Rights Group, is impleaded as respondent No.4 in the present proceedings. The amended memo of parties be filed within one week. Let a complete set of paper book be supplied to Mr. Agarwal.
Issue notice.
Mr. V.K. Tandon, learned counsel accepts notice on behalf of respondents No.1 to 3. Mr. Ashok Agarwal, learned counsel accepts notice on behalf of respondent No.4. They pray for and are granted four weeks to file their counter affidavits. Rejoinder affidavit, if any, be filed before the next date of hearing.
Mr. Nidhesh Gupta, learned senior counsel for petitioners submits that no cogent or justified reason has been given in the impugned Order for deleting 05 points for Inter State Transfer. He further submits that the impugned Order is totally unjustified as the petitioners? children had already been successful in the draw of lots held by the concerned schools.
Mr. Gupta contends that as the petitioners? wards had been selected on the basis of the inter-state transfer points, they did not get an opportunity to participate in the main draw at a lower level with all the other candidates who had equal points. To illustrate his submission, Mr. Gupta, learned senior counsel for petitioners states that if there were 1000 applicants for 100 seats and 10 applicants were selected on the transfer points and the rest of the 90 seats were filled up with candidates having 70 points, then the wards of the petitioners did not get an opportunity to compete with all other 70 pointers for the 90 seats. Mr. Gupta states that while previously the wards of the petitioners had a success chance of 1:10 even without transfer points, today they have a success chance of 1:91.
On the other hand, Mr. Raju Ramachandran, learned senior counsel for respondents points out that as a large number of draws have already been held, legitimate expectation has arisen in favour of the parents of the successful candidates. He also states that any interim order at this stage would cause a lot of inconvenience to the successful candidates as they would have to go through the selection process once again. Mr. Ramachandran, learned senior counsel points out that after 27th February, 2014 a large number of schools have already conducted a second draw. Consequently, according to him, any change at this stage would result in a third draw.
Mr. Ramachandran, lastly submits that if a small price has to be paid by unsuccessful candidates, then also this Court in the larger public interest should not interfere.
Mr. Ashok Agarwal, learned counsel appearing for Social Jurist, supports the case of the petitioners.
This Court may mention that at this stage it is not inclined to stay the impugned Order in its entirety as this Court has been informed that upon a random survey of 58 leadings schools it was found that approximately 46.80% of open seats had been claimed under the Inter State Transfer Case and that 844 out of 1520 applications were not genuine.
Keeping in view such a large percentage of fictitious and fraudulent applications and the fact that it is difficult to check all the applications within the prescribed time frame, this Court is prima facie of the view that respondents authorities were within their jurisdiction to delete the 05 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. Article 14 of the Constitution reads as under:-
?14. Equality before law.?The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.?
This Court is of the opinion that if a draw of lots is not held amongst candidates who had secured equal marks, it would result in discrimination and a disadvantage to a few candidates. This Court is further of the view that inconvenience and delay cannot be grounds for denying equality before law.
This Court is in agreement with the illustration given by Mr. Gupta, learned senior counsel for petitioners that if a draw of lots is now held for remaining seats vacated by the transfer candidates amongst candidates who were initially unsuccessful in the draw of lots and candidates whose points have now been reduced, then the candidates who had initially secured 05 points on account of transfer would be in a disadvantageous position and their chance of admission would stand reduced. Consequently, only direction No. 3 of the impugned Order dated 27th February, 2014 is stayed and it is directed that all candidates having equal marks shall be considered equally by conducting a fresh draw of lots, wherever necessary. If required, the respondents are directed to issue a fresh schedule to give effect to this order. List the matter on 25th July, 2014. Order dasti under the signature of Court Master.
MANMOHAN, J MARCH 06, 2014
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