New Delhi:
The Delhi High Court today ordered the city government to conduct a fresh draw of lots "for all the seats" in nursery school admission and not just those which were vacated after scrapping of inter-state transfer category, saying "candidates having equal marks shall be considered equally".
Justice Manmohan also stayed operation of clause three of the government's February 27 notification as per which draw of lots were to be held afresh only for the vacated seats and between candidates who were not successful in the first round of the draw and those whose points were reduced after scrapping of the inter-state transfer category.
The court, however, refused to stay the entire February 27 notification deleting the inter-state transfer category, saying it was of the prima facie view that the government was "within its jurisdiction" to do so.
"This court is in agreement with the submission of senior advocate Nidhesh Gupta, counsel for petitioners, that if the draw is held only for seats vacated by transfer candidates, between candidates who were initially unsuccessful and the candidates whose points have now been reduced, then candidates who (had) got five transfer points would be at disadvantaged position and (their) chance of success stands reduced.
"Consequently, only para 3 of the notification is stayed and it is directed that all candidates having equal marks shall be considered equally while conducting draw of lots for all the seats," Justice Manmohan said.
"This court is of the view that all equals be treated alike and children who have scored equal points should participate in the same draw," the judge also said while seeking the city government's response on the plea challenging the February 27 notification.
The court listed the matter for further hearing on July 25.