Agarwal Bhawan G.T. Road, Tis Hazari, Delhi - 110054
The Lt. Governor of Delhi
Raj Niwas, Delhi-110054
Sub: DEO order dated 27.02.2014 on nursery admissions suffers from serious flaws – needs immediate rectification
We are happy and welcome your decision to scrap 5 points for transfer cases in the matter of admission of children in nursery classes in unaided recognised private schools in Delhi. In fact, you should have similarly scrapped 20 points for sibling and 5 points for alumni or at least cap should have been put on them as was suggested by the Ganguly Committee in its IInd Report to the Delhi High Court in the year 2007. The cap was suggested by the Ganguly Committee keeping in mind the experience gained in the earlier year of 2006 that most of the seats in a school were taken away by the siblings and alumni. I, in fact had suggested to you this when you were reviewing the notification of 18.12.2013 but no attention was given.
The present representation is being made to draw your attention to the fact that DEO order dated 27.02.2014 on the face of it suffers from serious flaws that need to be addressed at your end. Para 3 of the said order reads as:
“3. If the school has conducted draw of lots for those applicants securing 70 points, that draw shall remain valid for the selected/confirmed candidates only. 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.”
It is submitted that the above said procedure would do great harm and injustice to the candidates who have earlier secured 75 points because of ‘Inter State Transfer Case’ and are now not being treated even as securing 70 points or equal to those who had secured 70 points. This class of the candidates are at least entitled to be considered equal to those who have secured 70 points and the school has conducted draw of lot for the same and has drawn up the list of selected candidates. Unfortunately, DEO order has now unjustly pushed them down even below the candidates securing 70 points who have already gone for draw of lot. In my humble submission, this is impermissible in law.
It is submitted that the entire list of candidates securing 70 points including those who had earlier secured 75 points because of ‘Inter State Transfer Case’ is required to be redrawn and fresh draw of lots must take place of all of them at one time. There is no point differentiating them in any manner. In other words, the candidates who earlier secured 75 points because of ‘Inter State Transfer Case’ cannot be put to disadvantage merely because a school has already held a draw of lots in regard to the candidates who had secured 70 points. It is bound to creep into great injustice to an innocent section of candidates.
It is, therefore, requested to kindly look into this matter on urgent basis and do necessary rectifications in the DEO order dated 27.02.2014.
Ashok Agarwal, Advocate
National President, AIPA