New Delhi: The Delhi High Court today refused to take up the nursery admission issue saying the Supreme Court has stayed the order and “we can't touch it” unless a clarification is issued by the apex court.
A bench of Acting Chief Justice B D Ahmed and Justice S Mridul asked the parents falling in the inter-state transfer (IST) category to get clarification from the apex court on whether the high court can take up their issue. The IST category parents represented by senior advocate Nidhesh Gupta suggested to the court that the number of seats in nursery classes in the schools be increased to adjust the transfer category students.
The bench, however, said, “We will allow if you can get clarification from Supreme Court on whether we can take up the matter.”
On April 11, the apex court had stayed the Delhi High Court order on going ahead with the admission process of those kids who have been selected in the draws prior to scrapping of the IST category by the Delhi government through its February 27 notification.
The High Court in its April 3 interim order had directed that the parents of children, who applied and were selected in draw of lots for neighborhood and other categories, may go ahead with admission process like paying of fees, etc.
The high court had not passed any order regarding the fate of the seats vacated by the IST category and had deferred the issue till April 16.
Challenging the High Court order, the IST category parents had contended in the apex court that though their issue is yet to be decided, but their fate has been “virtually sealed” as seats that had been vacated by them will now be allotted to other 75 pointers i.e. those falling in alumni category.
Earlier, those in IST category also had 75 points. They had argued that the High Court's order was in violation of the basic principles of equality as enunciated under Article 14 of the Constitution, as all the neighborhood category kids (having 70 points) will be admitted as per their selection in earlier draws, while the admission of IST group, also relegated to 70 points, is yet to be decided.
“The result of the impugned order (of April 3) is that the petitioners will not even be considered for approximately 60 per cent seats taken by the 70 pointers pursuant to the December 18, 2013 notification,” they had said in their plea.