PARENTS MOVING DELHI HC AGAINST REVISED LIST OF JAN 2013 OF SELECTED STUDENTS OF NCERT NATIONAL TALENT SEARCH EXAMINATION (NTSE), 2012
Some of the aggrieved parents through Advocate Ashok Agarwal are shortly moving a petition in Delhi High Court against the revised list of selected candidates published in January, 2013 of National Talent Search Examination, 2012 of National Council of Educational Research & Training whereby the NCERT has illegally and arbitrarily revised the final list of the selected candidates of National Talent Search Examination, 2012 published on 16.08.2012 excluding the names of the as many as 40 students from the list of the selected candidates and thereby depriving them of qualifying certificates and scholarships @ Rs.500/- per month. It is submitted that the action on the part of the NCERT in revising the list of 16.8.2012 is totally arbitrary, unjust, anti-child, unreasonable, unfair, violative of the principles of the natural justice, violative of Articles 14 & 21 of the Constitution of India. It is also submitted that the action on the part of the NCERT has caused mental agony, trauma and harassment to the students that were authentically and consciously declared successful in the National Talent Search Examination (NTSE), 2012 as back as on 16.08.2012.
The petition would raise the following substantial questions of law of public as well as of private importance for determination by the Delhi High Court:
(i) Whether NCERT was at all justified in revising its list of selected candidates in National Talent Search Examination, 2012 published as back as on 16.08.2012 and that too after 6 months thereof (January, 2013) thereby excluding the names of as many as 40 students from the list of the selected candidates and depriving them of the qualifying certificates and scholarships to which they are legally entitled to?
(ii) Whether by virtue of the final list of the selected candidates published on 16.08.2012, the 40 aggrieved students have acquired a vested right in their favour to receive qualifying certificates and scholarships that cannot be legally taken away by the NCERT in the manner it has been done in the present case?
(iii) Whether the action of NCERT violates the fundamental rights of the aggrieved students as guaranteed to them under Articles 14 & 21 of the Constitution of India?
Ashok Agarwal, Advocate