Delhi Government today criticised the Centre in Supreme Court for backing Sanskriti School in its fight to retain the 60 per cent quota for wards of top officers, saying that the union government's stand supported the "creation of class within class."
"We are supporting the Delhi High Court judgement (quashing 60 per cent quota for Group A officers). Our stand is not in consonance with central government. The rules for admission to army schools apply all over the country. But here you (Sanskriti School) have created a class within a class," advocate Siddharth Dave, appearing for the Delhi Government, submitted before a bench headed by Justice A R Dave.
Submitting that it was a class that has been controlling the school which was running on "an illegal foundation", he questioned the Centre's support to the school management saying it was not within the meaning of 'State'.
However, Attorney General Mukul Rohatgi said the Centre was in the picture as the school was for the wards of its employees who are in transferrable jobs just like army schools and such others set up by different public sector undertakings which reserve seats upto 75 per cent for their employees' children.
Delhi Government said the school was on the land allocated by the government and they cannot in any manner do away with the rules laid down under the Delhi Schools Education Act.
Senior advocate Arvind Dattar, assisting the court as amicus curiae in the matter, said it has to be looked into what was the status of the society which has got a largesse like government land for running a school.
"What is the public service or public function that society is performing. The law is not clear," he said.
The Attorney General said an affidavit was already filed to include the Group B officers with transferrable jobs to be included in the ambit of the 60 per cent quota.
The bench was told that at present, besides 60 per cent quota for Group A services, 25 per cent seats were for economically weaker sections, 10 per cent for general public and five per cent is for management quota.
The Delhi Government said the schools have to follow the notification issued by it, by which the management quota has been abolished in all schools in the national capital.
The apex court was told that the notification was under challenge before the Delhi High Court which will be heard on January 28.
While concluding the day's hearing, the bench made it clear that it was not considering the issue of notification and passed the interim order that Sanskriti School will admit wards of all central government with transferrable jobs within the existing 60 per cent quota.
