The Supreme Court Monday said that there could be no discrimination between similarly placed children seeking admission in nursery section as it issued notice to Delhi's education department on a parent's plea.
A bench of Justice J.S.Khehar and Justice C. Nagappan said this as counsel for the education department Rekha Pandey opposed the plea saying that there was an earlier order of the court that the benefit of admission to nursery classes would be limited to 24 children whose parents have moved the court.
"How you can say that some litigated, they will get the benefit and others who are similarly placed but did not litigate would be denied admission," the court observed brushing aside the objection.
"How can you say child A because he has blue eyes will get one treatment and child B because he does not have blue eyes will not get the same" the court observed pouting to the discrimination.
As Pandey said that there was an order of the court passed on May 7, the court said that it will also pass an order, noting there was article 14 of the constitution guaranteeing equality before the law.
As she cited to the misuse of the five points under the interstate transfer category, the court said: "You show he is misusing the interstate transfer category, we will agree with you."
Pandey told the court that entire problem is about 15 to 17 elite schools, and if he (petitioner) comes to a government school, his ward will be admitted.
"Why you don't take admission in a government school", the court asked as counsel for the petitioner Dinesh Kumar, whose child was in the list for getting into a well-known public school in south Delhi, said he needed to take instruction from his client.
In Dec 18, 2013, notification by the lt. governor there was interstate transfer category for admission to nursery classes, carrying an additional five marks. Subsequently there were allegation of its alleged misuse. Thus by a fresh notification of Feb 27, the interstate transfer category was excluded.
The Supreme Court by its May 7 judgment had held "In our considered opinion, it was not permissible for the administration to alter the basis of admission after the admission process had started and further having participated in the selection process the criteria for selection could not have been questioned by unsuccessful participants."
The court however, said, "we direct that these 24 candidates shall get admission, ifA not at all admitted, being the successful candidates under the inter-state transfer category under notification dated Dec 18, 2013".
Allowing admission of 24 kids, the court had said, "it is made clear that this order would only ensure 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".
