Private unaided schools have the autonomy to devise fair, reasonable, and transparent admission criteria, including the method of calculating distance, and the courts will uphold such criteria if found to be justifiable.

JUDGMENT

Mini Pushkarna, J. The present writ petition has been filed with prayer for directions to the respondents to ensure the admission of petitioner in the respondent no.1 school. The present petition was filed in the year 2021 and at that point of time admission of the petitioner was sought in Class Nursery for session 2021-2022.

2. It is the case on behalf of the petitioner that the respondent school has failed to admit the petitioner despite the fact that she fulfils all the criteria for admission and also succeeded in the merit list after draw of lots. However, subsequently the candidature of the petitioner was rejected on the ground of distance from the house of the petitioner to the school, which as per the petitioner is arbitrary and illegal. The petitioner has further raised the contention regarding failure of the respondent no.2, Directorate of Education (DOE) to ensure transparency and accountability in the respondent school recognised by them, which has rejected the admission of the petitioner without any valid ground.

3. Facts in brief are that the respondent school issued notification for admission to Pre-school for the academic year 2021-2022, wherein 150 seats were declared for admission, out of which 38 seats were on account of Economically Weaker Section (EWS) category; 90 seats for General category; 15 seats for Non-Government category and 7 seats for Staff category. The petitioner herein applied for admission to Class Nursery in the academic session 2021-2022 in the Non-Government category, which had 15 seats.

4. The notification of the respondent school detailed the parameters of admission for children belonging to Non-Government category in accordance with which, different points were allotted. The parameters as stipulated for admission to the 15 seats as available under the Non-Government category, is reproduced as under:

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5. It is the case on behalf of the petitioner that father of the petitioner applied for admission in the respondent school through the online system adopted by the respondent school and uploaded all the requisite documents required to decide the candidature of the petitioner. In the admission form, father of the petitioner categorically mentioned his address as 108 B, Gautam Nagar. It is submitted that as per the criteria, he had to fill up the neighbouring locality from the list published by the school along with the admission criteria, in case the colony he was residing in, was not mentioned in the list. The list as given by the school in its admission notification mentioned All India Institute of Medical Science, New Delhi (AIIMS), but did not mention Gautam Nagar colony. As per the petitioner, since the colony of Gautam Nagar starts with the boundary wall of AIIMS, hence, father of the petitioner selected AIIMS from the given list. Father of the petitioner also uploaded the electricity bill for address proof, which mentioned the residential address as House No. 108 B, Gautam Nagar, New Delhi-110049.

6. The school conducted draw of lots for admission in Non-Government category. Name of the petitioner was considered for draw of lots by the respondent school held on 16.03.2021. As per the criteria fixed by the respondent school, she scored total 30 points. The petitioner succeeded in the draw of lots and her name was shortlisted at serial No.7 for admission in the respondent school. Thus, father of the petitioner was called for verification of documents.

7. Father of the petitioner had submitted electricity bill of his house in order to show the proof of residence. The electricity bill was in the name of grandfather of the petitioner, which mentioned his name as Jagminder. It is the case of the petitioner that at the time of verification of documents, it was found by the officials of respondent school that the name of grandfather of the petitioner was mentioned as Jagminder, but Aadhaar Card of father of the petitioner, showed name of grandfather of the petitioner as Jagmi