The Delhi high court on Tuesday questioned the logic behind awarding of points to kids based on inter-state transfer of their parents under the Lt Governor's nursery admission guidelines and said the practice could lead to "malpractices".
"Why should there be points for transfer? What is
the logic behind it? You know it's open to malpractices?," a bench of acting Chief Justice B D Ahmed and Justice S Mridul said and directed Delhi government to submit a report by Friday.
"Why should there be any points?" the bench said.
The court sought the report on the rationale behind awarding five points to those children whose parents have moved to the national capital after transfer from another state.
Delhi government, while agreeing to submit the report by February 28 when the matter will be heard, also said it is inclined to do away with the system of awarding five points to kids whose parents have transfered from another state.
The court was hearing a PIL by advocate Rohit Nagpal who has challenged the awarding of five points under the head of inter-state transfers, as per the new nursery guidelines issued by the LG.
In his petition, Nagpal has sought abolition of the points for inter-state transfer with regard to admission to entry level classes (nursery) in recognized unaided schools for academic year of 2014-2015.
He has also sought directions to the LG to issue a fresh set of guidelines with regard to admission to nursery in school during 2014-2015.
Under the current guidelines, out of total 100 points, 70 are given if the kid lives in the six km radius of the school, 20 if a sibling is studying there, five points if either parent is an alumni and five points if its a inter-state transfer case, the petition said..
Only those having 75 points are considered for draw of lots while those have 90 points are automatically admitted, the petition said.
Nagpal has also challenged the awarding of 20 points if a sibling is studying in the school, saying it "creates a class which is assured of admission even without being subject to lottery system" and contended "the present selection criteria are arbitrary".
"Further additional points for alumni also ensure priority for this category over general candidates who are being deprived of even being considered for draw of lots. These categories promote a privilege class which is unjust, discriminatory and violate the fundamental rights of general category children," the petition says.
His petition also states "there is misuse of transfer category and the same is arbitrary and nonsensical as a child getting transferred needs support only in mid-session, not at the entry point of admission".
"There is no authentic mechanism or transparency either prescribed by the Directorate of Education or schools to validate the genuineness of transfer case," the petition said.
It also said "the alumni, sibling, interstate transfer criteria are absolutely arbitrary as the same are dependent and based upon information furnished in the registration form without any mechanism to check the truthfulness and veracity of the said information especially as no profession or cities have been demarcated and specified for allocation of points on the basis of inter-state transfer."
Nagpal has suggested "a redraw of all the applicants", without the requirement of resubmission of amended/fresh application as the primary criteria of 'neighborhood' remains in tact.
"Only a re-tally and a redraw is required which is not such a big task for the schools," his petition said.
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