IN THE HIGH COURT OF DELH AT NEW DELHI
L.P.A 196/2004
RAKESH GOEL & ORS
..APPELLANT
Through Mr. Ashok Agarwal with Mr. Manish
versus
MONTFORD SCHOOL & ORS.
RESPONDENTS
Through Mr. V. K. Tandon, Adv. for GNCTD
Mr. R.K. Jain, Sr. Advocate with Mr. Rakesh
Khanna, Sr. Advocate, Mr. Reetesh Singh
Mr. Janvi Wohra, Ms. Sulekha Spara, Ms. Shailaja
Sinha, Advs. For the Action Council
Mr. Kamal Mehta, Adv. for Modern School Society
Ms. Yogita with Mr. Rakesh Aggarwal, Advs.
for Mirambika School
Mr.Jayant Nath, Sr. Advocate with Mr. Subhash
Mishra, Mr. Rajnish K. Jha, Advocates for
Mr. N. P. Singh, Principal, Sardar Patel Public
School, Ayanagar
Mr. Puneet Mittal with Mr. Pawan Mittal
Advocate for Ganguly Committee
Mr. Pramod K. Sharma, Adv. for Bosco
Sr. Secondary School
Mr. A. K. Sakhuja, Adv. for SR Foundation
Mr. Kuljeet Rawal with Mr. Rajesh Rawal, Advs.
for respondents 1, 2 & 5
CORAM:
HONBLE THE CHIEF JUSTICE
HONBLE MS. JUSTICE HIMA KOHLI
ORDER
08.12.2006
Our attention has been drawn to the orders passed by this Court on the previous dates. On 17th October, 2006, the Division Bench of this Court expressed its desire that the recommendations of the Committee be given a trial for the next years nursery admission on an experimental basis. The academic year starts from 1st April, 2007. The Committee appointed by the Court has given certain recommendations. On going through the records, we find that the Committee comprises of leading educationists, headed by Mr. Ashok Ganguly, Chairman of the CBSE. However, some of the private schools have raised certain objections to the report, incorporating therein their suggestions.
On 21st November, 2006 this Court directed Mr. R.K. Jain, the learned senior counsel representing the Action Committee of Public Schools, to give their suggestions, which are yet to be filed. Certain suggestions have also been submitted by other schools. It is established from the record that the additional suggestions, which were given in writing. The same are yet to be placed on record.
In the order dated 3rd November,2006, this Court also observed that no interview should take place at all for tiny tots at the time of admission and there shall be total transparency in the admission system. The Court also directed that there must be complete eradication of arbitrariness in use of discretionary powers by the Management of the Schools.
Mr. R.K. Jain, learned senior counsel, has submitted before us that although no interview of the tiny tots will be conducted at the time of admission, but some sort of informal interaction of the school minorities with the guardians of the tiny tots should be allowed in order to generally ascertain the background and status of the family Counsel appearing for the Principal, Sardar Patel Public School, Ayanagar has stated before us that there should also be scope for the school authorities to check the veracity of the information furnished by the guardians.
It shall be open to the school authorities to have purely informal interaction with the guardians of the tiny tots only to ascertain the correctness and veracity of the information that is submitted by the guardians in the application form. However, in the garb of informal interaction, school authorities shall not conduct formal interviews with the guardians. In view of the fact that the academic session is going to start from 1st April, 2007, application forms for admission to nursery and Class I are already being issued by School authorities and we are yet to receive suggestions and objections from different quarters, including Government of NCT of Delhi, various schools and other stake holders, in our opinion, it will be appropriate that for nursery admissions for the coming academic year, the guidelines which were framed by the Committee could be given a trial, on an experimental basis.
We make it clear that this is only a stop gap arrangement, made to tide over the present situation which remains fluid, till all the parties concerned address the Court on the recommendations given by the Committee, by filing their suggestions. We are not averse to and shall look into the entire aspects and facets of the issues relating to admission to nursery class upon receipt of suggestions from different institutions and school authorities as also from the Government of National Capital Territory of Delhi. The suggestions, as desired by this Court in the order dated 21st November, 2006, shall now be filed by the un-aided schools, within four weeks from today.
The matter shall be listed for consideration on 17th January, 2007.
HIMA KOHLI
CHIEF JUSTICE
DECEMBER 08, 2006
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 12490/2006
SOCIAL JURIST A CIVIL RIGHTS GROUP ….. Petitioner
Through Mr. Neeraj K. Kaul, Sr.Advocate with
Ms.Shobhana Takiar, Adv.
versus
UNION OF INDIA and OTHERS ….. Respondents
Through Mr.V.K.Tandon, Adv. for GNCTD
CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MS. JUSTICE HIMA KOHLI
O R D E R
08.12.2006
We permit all the intending students to submit their forms for admission to Nursery, KG and Class-I provided they complete three, four and five years of age respectively for admission to Nursery, KG and Class-I, on 1st April, 2007.
We, however, make it clear that this order is only a stop-gap arrangement to tide over the immediate difficulties being faced by the students and the guardians and this will be subject to the final order to be passed in the writ petition.
Renotify on 13th December, 2006.
Let a complete set of the writ petition be furnished to Mr.V.K.Tandon with two days.
Copy of this order be issued dasti to Mr.V.K.Tandon, under signatures of the Court Master.
CHIEF JUSTICE
HIMA KOHLI, J
DECEMBER 08, 2006