Last week, the Delhi high court had lifted its interim stay and allowed schools to begin the admission exercise except the interstate transfer admission cases. The court had deferred till April 16 the hearing to decide the fate of seats kept vacant under this category.
Challenging the HC order, parents left out of the process moved the apex court arguing that the transfer category must be brought back. A bench of Justice H L Dattu and Justice S A Bobde granted interim stay on the plea and issued notices to the Delhi government and other respondents.
The parents who filed the appeal are those who applied for admission for their wards under the inter-state transfer category as they came to Delhi from outside. The category was scrapped after the admission guidelines were announced on the ground that large-scale abuse in this category came to the notice of the government.
Senior advocate Nidhesh Gupta, representing the petitioner parents, pointed out that the HC order ignores their rights since it excludes them from the admission process. He said by the time HC decides their claims, the entire process will be over. As it is, due to the scrapping of the category, his clients have been forced to vacate the seats secured by them following a successful draw of lots, the petitioners complained to the apex court.
Gupta also contended that though the issue was yet to be decided, their fate of the kids falling under this category has been "virtually sealed" as seats that had been vacated by them will now be allotted to those applying for admissions under the neighbourhood category (having 70 points).
"The result of the HC order (of April 3) is that the petitioners will not even be considered for approximately 60% seats taken by the 70 pointers pursuant to the December 18, 2013 notification," the lawyer added.
On April 3, the HC had given its conditional nod to the nursery admissions as it directed the Delhi government to go by the February 27 notification issued by the Lt Governor. A bench of acting Chief Justice B D Ahmed and Justice Sidharth Mridul had made it clear that the admission process will not include the inter-state transfer category students as their case would be further heard on April 16. At present, a 95-point system is being followed for admissions: the neighbourhood criteria fetches 70 points, 20 goes to the sibling clause and five under the alumni category.
The petitioners have also challenged the February 27 notification, which dropped the transfer category from the guidelines. After the Lt Governor removed the transfer category, it was challenged in the HC, which on March 6 directed that fresh draw of lots be held for all kids having 70 points, even those already successful in earlier draws.
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