The Supreme Court Monday sought the assistance of senior lawyer Kapil Sibal in adjudicating the row over 60 per cent quota for children of Group-A bureaucrats in Delhi’s prestigious Sanskriti School.
Stating that it would pass an interim order on January 7 on a plea to let the school go ahead with its admission process till the matter is finally decided, a bench led by Justice Anil R Dave requested Sibal to help the court reach a decision and appointed him as amicus curiae.
The central government and Sanskriti School have separately appealed against the Delhi High Court order, quashing the quota for wards of Group-A government officials.
The high court, in its November 6 judgment, had said the quota was “akin to the erstwhile segregation of white and black students in the US and violated constitutional provisions of equality and right to education”.
Attorney General Mukul Rohatgi, appearing for the Centre, and senior advocate K K Venugopal, who represented the school administration, said the high court order was legally flawed.
“If Sanskriti School can be described as as instrumentality of the state, only because it has been allotted land at a concessional rate, then every school and hospital shall come under this category,” they argued.
“It is an unaided private school which provides free education to students of EWS (economically weaker section) category also without claiming reimbursements, hence, no writ petition was maintainable against it,” said Venugopal.
The two counsel urged the bench to allow it to continue with the admission process under the old scheme till the matter is finally decided by the apex court.