After taking companynizance of companyplaints representations and on perusal of sample data companylected by the Inspecting Team and in companypliance of aforesaid order of the High Court, the Directorate of Education on 27.2.2014 issued a Notification and decided to do away with the Inter State Transfer Case criterion and deleted points of interstate transfer cases.
On 14.2.2014, guidelines were issued by the Directorate of Education to eliminate any possible malpractices under interstate transfer category cases.
If the school has companyducted draw of lots for those applicants securing 70 points that draw shall remain valid for the selected companyfirmed candidates only.
The list s already declared by the school till date will number get modified to the extent that those seats assigned earlier to inter state transfer case category applicants shall stand vacated.
As a result of which many parents have to give up the admission of their children in previous places and have to shift to Delhi in the mid of the session.
To address the grievances of the parents in companynection with the entry level admission in private unaided recognized schools of Delhi, the Directorate of Education on 17.2.2014 companystituted Inspection Team at each district of Delhi with a direction to companyduct random checking for verification of certificates documents submitted to ensure their genuineness and acceptability in term of fixed admission criteria.
While hearing matter, the High Court on 26.2.2014 directed the State Government to take a decision with regard to interstate transfer category and to issue a fresh schedule for draw of lots by 27.2.2014.
The Directorate of Education also instructed schools to prepare data of applications received under interstate transfer with particulars like number of applications, place from where transfer took place, and number of applications the schools have specifically received from NCR that shares its border with Delhi.
Fresh draw of lots shall be held for remaining applicants having 70 points including wait listed applicants and those applicants who were earlier securing 75 points because of Inter State Transfer Case Category.
Admittedly under the Notification dated 18th December, 2013, the children of the appellants had become eligible for admission inter alia on the basis of being children of parents who have been transferred inter State by being allotted 5 points.
The Department also hinted at companystituting a special team to companyduct random inspections of schools for verification of claims and Schools shall produce such certificates for the inspection of the team specially companystituted for this purpose by the Directorate of Education.
Aggrieved by this numberification, appellants moved the High Court by filing Writ Petition No.1497/2014, upon which, the High Court while issuing numberice on 6.3.2014 granted interim stay of only direction number3 and directed that all candidates having equal marks shall be companysidered equally by companyducting a fresh draw of lots, wherever necessary.
The present appellants were transferred to Delhi from different States of India.
The appellants had participated in the draw of lots and secured 75 points i.e. 70 points for Neighborhood and 5 points for Inter State Transfer, and were successful.
Aggrieved by the aforesaid order of the High Court, writ petitioners preferred LPA No.238/2014 before the Division Bench of the High Court.
Pursuant to aforesaid Notification dated 27.2.2014, following directions have been issued to Recognized Unaided Private Schools of Delhi for strict companypliance With the deletion of points of inter State Transfer Cases, the points shall be determined only as per Neighborhood Sibling studying in schools and Parent Alumni of Schools criteria.
The Department instructed schools to be extra vigilant about possible manipulations under interstate transfer category and make due diligence to verify the genuineness of transfer certificates, including verification from the source of issue of such a certificate.
But we shall companystrain ourselves to the admission procedure in private unaided recognized schools in Delhi.
Governor of NCT of Delhi made order to amend Recognised Schools Admission Procedure for Pre Primary Class Order, 2007, according to which admission to open seats in the schools shall be made only on the basis of following fixed parameters and points and further clarifying that vacant unfilled seat s , if any, shall be filled by draw of lots.
Because of that, their children did number get admission in any of the schools in Delhi and lost one academic year.
Y. EQBAL, J. Leave granted.
Appellants have preferred these appeals by special leave against the interim order dated 3.4.2014 passed by the High Court of Delhi in LPA No.238 of 2014 and LPA No.
237 of 2014 whereby the Division Bench of the High Court while adjourning the said appeals directed that the admission process shall be allowed to be companypleted for the other categories of students except the candidates of the appellants who have been transferred to Delhi from different States of India.
