Thursday, Oct 23, 2014

Nursery: SC takes up fresh IST cases

The fresh petition seeks an urgent hearing.(Express Archive) The fresh petition seeks an urgent hearing. (Express Archive)
Written by Utkarsh Anand | New Delhi | Posted: May 31, 2014 3:01 am

The nursery admission row is back in court. The Supreme Court on Friday agreed to examine if more children could be admitted in schools under the Inter-State Transfer (IST) quota.

A bench of Justices J S Khehar and C Nagappan issued a notice to the Delhi government on a fresh petition by parents, seeking admission of their children under the IST quota on the ground of parity with 24 other identical cases, where the court had allowed admissions.

The petition was admitted after counsels Arvind Nayar and Zartab Anwar argued that the SC, while granting relief to 24 children, had not specifically barred others from approaching it if they were identically placed.

The counsels told the bench that they had first approached the Delhi High Court, but since the final direction for the 24 children under the IST quota was issued by the apex court by its May 7 order, the parents were asked to approach the SC.

Advocating the cases of four children, the counsels told the bench that they were also declared eligible for admission as per the initial criteria, but a subsequent notification scrapping the IST quota threw them out.

The bench then agreed to examine the issue relating to extending the relief to such children and sought the government’s response in a week. The bench is expected to take up the matter next week.

On May 7, the SC, while putting an end to the stalemate over nursery admissions in Delhi, had allowed the government and schools to go ahead with the admission process after accommodating 24 children, whose parents had sought seats under the IST category.

It had stalled the admission process on April 11 while admitting the batch of petitions.

“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,” the court had clarified.

Citing the order, the fresh petition sought an urgent hearing since the ongoing admission process may conclude soon and “the petitioners’ children will lose an academic year and be compelled to suffer irreparable hardship and prejudice”.

The petition stated that these children were identically situated and, hence, warranted the relief in accordance with the directions already issued by the SC on May 7. “Grave prejudice would be caused to the petitioners without affording them a reasonable opportunity to present their case before the court and grant identical relief,” it added.

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