IMPORTANT POINT
Eligibility criteria cannot be changed mid-stream admissions.

JUDGMENT

M.Y. Eqbal, J. –

Leave granted.

2. Appellants have preferred these appeals by special leave against the interim order dated 3.4.2014 passed by the High Court of Delhi in LPA No.238 of 2014 and LPA No. 237 of 2014 whereby the Division Bench of the High Court while adjourning the said appeals directed that the admission process shall be allowed to be completed for the other categories of students except the candidates of the appellants who have been transferred to Delhi from different States of India.

3. The present appellants were transferred to Delhi from different States of India. As a result of which many parents have to give up the admission of their children in previous places and have to shift to Delhi in the mid of the session. Because of that, their children did not get admission in any of the schools in Delhi and lost one academic year.

4. On 18.12.2013, Lt. Governor of NCT of Delhi made order to amend Recognised Schools (Admission Procedure for Pre-Primary Class) Order, 2007, according to which admission to open seats in the schools shall be made only on the basis of following fixed parameters and points and further clarifying that vacant/unfilled seat(s), if any, shall be filled by draw of lots.

Notification also specified separate guidelines for Minority Schools, Schools setup for specific government services like Armed Forces/Paramilitary Forces/Central Services/All India Services. But we shall constrain ourselves to the admission procedure in private unaided recognized schools in Delhi.

5. On 14.2.2014, guidelines were issued by the Directorate of Education to eliminate any possible malpractices under interstate transfer category cases. The Department instructed schools to be extra vigilant about possible manipulations under interstate transfer category and make due diligence to verify the genuineness of transfer certificates, including verification from the source of issue of such a certificate. The Directorate of Education also instructed schools to prepare data of applications received under interstate transfer with particulars like number of applications, place from where transfer took place, and number of applications the schools have “specifically received from NCR that shares its border with Delhi”. The Department also hinted at constituting a special team to conduct random inspections of schools for verification of claims and Schools shall produce such certificates for the inspection of the team specially constituted for this purpose by the Directorate of Education.

6. To address the grievances of the parents in connection with the entry level admission in private unaided recognized schools of Delhi, the Directorate of Education on 17.2.2014 constituted Inspection Team at each district of Delhi with a direction to conduct random checking for verification of certificates/documents submitted to ensure their genuineness and acceptability in term of fixed admission criteria.

7. While hearing matter, the High Court on 26.2.2014 directed the State Government to take a decision with regard to interstate transfer category and to issue a fresh schedule for draw of lots by 27.2.2014. After taking cognizance of complaints/representations and on perusal of sample data collected by the Inspecting Team and in compliance of aforesaid order of the High Court, the Directorate of Education on 27.2.2014 issued a Notification and decided to do away with the Inter-State Transfer Case criterion and deleted points of interstate transfer cases.

8. Pursuant to aforesaid Notification dated 27.2.2014, following directions have been issued to Recognized Unaided Private Schools of Delhi for strict compliance:

1. With th