Case Note & Summary
The case involved appeals by parents whose children were denied admission in Delhi schools due to a change in the admission criteria affecting Inter-State transfer cases. The appellants were transferred to Delhi from various states, leading to their children losing an academic year as they could not secure admissions. The Lt. Governor of NCT of Delhi had issued a notification on December 18, 2013, allowing points for Inter-State transfers, which was later amended on February 27, 2014, to eliminate these points. The High Court initially stayed part of this amendment but ultimately upheld the deletion of points for Inter-State transfers. The appellants contended that the basis for the amendment was flawed, as data showed that only a small percentage of seats were claimed under this category. The Supreme Court found that the administration could not change the admission criteria mid-process and emphasized the constitutional obligation to provide education. The court directed that the admissions already granted should remain intact and that the administration must accommodate additional successful candidates from the Inter-State transfer category. The appeals were disposed of with directions to ensure the continuity of education for the affected children.
Headnote
A) Education Law - Admission Procedure - Validity of Notification - Recognised Schools (Admission Procedure for Pre-Primary Class) Order, 2007 - The court held that altering the basis of admission after the process had started was impermissible, and the admissions granted under the earlier notification should not be disturbed. The court emphasized the importance of education and the rights of children to continue their studies without disruption (Paras 19-20).
Issue of Consideration
Whether the deletion of points for Inter-State transfer cases in the admission process was valid after the admission process had commenced.
Final Decision
The Supreme Court directed that the admissions already granted to the appellants' children should not be disturbed and that the administration must accommodate additional successful candidates from the Inter-State transfer category. The court emphasized the importance of education and the need for continuity in schooling for the affected children.
Law Points
- Admission procedure
- Inter-State transfer
- Education rights
- Notification validity
- Constitutional obligation
