The Delhi High Court on Thursday ordered the city Government to conduct a fresh draw of lots “for all the seats” in nursery school admission and not just those which were vacated after scrapping of interstate transfer category, saying “candidates having equal marks shall be considered equally”.
Justice Manmohan also stayed operation of clause 3 of the Government’s February 27 notification as per which draw of lots were to be held afresh only for the vacated seats and between candidates who were not successful in the first round of the draw and those whose points were reduced after scrapping of the interstate transfer category.
The court, however, refused to stay the entire February 27 notification deleting the interstate transfer category, saying it was prima facie of the view that the Government was “within its jurisdiction” to do so. “This court is in agreement with the submission of senior advocate Nidhesh Gupta, counsel for petitioners, that if draw is held only for seats vacated by transfer candidates, between candidates who were initially unsuccessful and the candidates whose points have now been reduced, then candidates who (had) got five transfer points would be at disadvantaged position and (their) chance of success stands reduced. Consequently, only para 3 of the notification is stayed and it is directed that all candidates having equal marks shall be considered equally while conducting draw of lots for all the seats,” Justice Manmohan said.
“This court is of the view that all equals be treated alike and children who have scored equal points should participate in the same draw,” the judge also said, while seeking the city Government’s response on the plea challenging the February 27 notification. The court listed the matter for further hearing on July 25. The court also told the Government that if required it can issue a fresh notification to give effect to the order. Senior advocate Raju Ramachandran, appearing for the city Government, said that the second round of draw after the notification has been held in many schools and if the same is stayed it will cause inconvenience to them.
Gupta opposed the contention saying “if it is so inconvenient let there be a stay on the entire notification”. He also contended “no cogent and justified reason was given for deleting interstate transfer category”. Opposing fresh draw of lots for all seats, Ramachandran, said, “If a price has to be paid by some, then it is a small price compared to the larger picture”. The court, however, did not agree with the Government’s contention and said that under Article 14 of the Constitution equally placed persons should be treated equally.
The court was hearing a plea by Major Saurabh Charan and other parents who have sought quashing of the Government’s decision to do away with the system of allocating five points children whose parents have been transferred to the national Capital from another State. The Government decided to scrap the category after it admitted in the court that the same was being misused.