HC refuses to take up nursery admission matter citing SC order

New Delhi: The Delhi High Court on Wednesday refused to take up the nursery admission issue saying the Supreme Court has stayed the order and "we can't touch it" unless a clarification is issued by the apex court.

A bench of Acting Chief Justice BD Ahmed and Justice S Mridul asked the parents falling in the inter-state transfer (IST) category to get clarification from the apex court on whether the high court can take up their issue.

The IST category parents represented by senior advocate Nidhesh Gupta suggested to the court that the number of seats in nursery classes in the schools be increased to adjust the transfer category students.

The bench, however, said, "We will allow if you can get clarification from Supreme Court on whether we can take up the matter." On April 11, the apex court had stayed the Delhi High Court order on going ahead with the admission process of those kids who have been selected in the draws prior to scrapping of the IST category by the Delhi government through its February 27 notification.

The High Court in its April 3 interim order had directed that the parents of children, who applied and were selected in draw of lots for neighbourhood and other categories, may go ahead with admission process like paying of fees, etc.

The high court had not passed any order regarding the fate of the seats vacated by the IST category and had deferred the issue till April 16. Challenging the High Court order, the IST category parents had contended in the apex court that though their issue is yet to be decided, but their fate has been "virtually sealed" as seats that had been vacated by them will now be alloted to other 75 pointers i.e. those falling in alumni category.

Earlier, those in IST category also had 75 points. They had argued that the High Court's order was in violation of the basic principles of equality as enunciated under Article 14 of the Constitution, as all the neighbourhood category kids (having 70 points) will be admitted as per their selection in earlier draws, while the admission of IST group, also relegated to 70 points, is yet to be decided.

"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 said in their plea.

They have also challenged the February 27 notification, by which the IST category was scrapped, saying the basis for making a change in criteria was illegal as the the purported reason for it was that a number of fake applications had been submitted by people claiming transfer points.

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.

After the Lt Governor had on February 27 ordered deletion of the IST category, it was challenged in the High Court which on March 6 directed that fresh draw of lots is held for all people having 70 points i.e. neighbourhood category, even those already successful in earlier draws.

The court passed the order, saying equally placed kids should be treated equally. The March 6 order of the single-judge was challenged before a division bench of the high court by the parents of kids falling in the neighbourhood category.

The order was also challenged by the IST category parents, who wanted restitution of their category as well as upholding of the draw of lots held prior to the February 27 notification, as they were successful in those draws. The High Court had, thereafter; on March 12 stayed the fresh draw of lots ordered by its single judge and had also put on hold the entire nursery admission process.

The High Court while lifting its stay on nursery admissions, had ordered its resumption with certain directions, including kids selected in draw of lots under neighbourhood criteria will get admission.

The court had also clarified those children, who emerged winner in the draw of lots in more than one school, "shall choose one school and will have to relinquish other seats on or before April 9.

"Otherwise, they shall lose the right of admission in any of them." It had also clarified that till the next date of hearing, no fresh draw of lots would be held.