February 18, 2014 5:28:25 am
In a bid to avoid stalling nursery admission in the capital, while hearing a plea challenging the constitutional validity of the nursery admission guidelines, the Delhi High Court on Monday ordered that the admission to the “last seat” at the prestigious Sanskriti School would be done on a “provisional basis” and would be subject to the final decision of the court.
The order was issued on a plea filed by the father of a three-year-old who had applied for admission to the school, against the policy of 60 per cent reservation for children of the officials of the All India Services.
The nursery admission notification issued on December 18 had allowed for the schools, catering to children of Defence and All India Services, to formulate their own admission policy.
Dheeraj Kumar Singh, the father, had said in his plea that the Lt-Governor’s Recognised Schools (Admission Procedure for Pre-primary Class) Order 2013 “permits specific government services and more particularly, All India Services an unfettered and unrestricted right to reserve seats for their wards”. The plea alleged that the L-G’s order “has been necessitated to provide legal sanctity to the admission procedure adopted by schools such as Sanskriti”.
The court of Justice Manmohan in January had issued notice to L-G Najeeb Jung and sought his response on why an exception to the nursery admission rules for the school had been allowed.
The court had also sought responses from the Central government and the school.
During the hearing on Monday, Singh’s lawyer Akhil Sachar had sought interim relief from the court, arguing that the admission process would be completed soon.
“Last person admitted shall be informed that his/her admission would be provisional in nature and subject to final outcome of the court’s order,” the court said, adding that it could not, as an interim measure, stop the admission process or reserve a single seat for the petitioner’s daughter. The court ordered the government to submit its response within two weeks.
Meanwhile, the school, in its counter affidavit placed before the court, has opposed the plea saying there are various other government funded schools — Air Force School, Army School, Kendra Vidyalayas — which too provide such reservation and these institutions have not been made a party in the case.
It has contended that it was set up with a view to admit wards of All India Services officers who are often transferred to Delhi during the academic session.
The school said, before the L-G’s order or the RTE Act came into force, the institution had been providing 60 per cent reservation in favour of the wards of bureaucrats.
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