Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Schools - Admission - Schools in Delhi - Inter-State Transfer case |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Schools - Admission - Schools in Delhi - Inter-State Transfer case - Appellants were transferred to Delhi from different States of India - Notification dated 27th February, 2014 issued by Administration, changing the very basis of the admission granted to the appellants' children, by deleting the points for Inter State Transfer cases and deciding to determine eligibility on the basis of Neighborhood Sibling - Held: Imparting elementary and basic education is a constitutional obligation on the States as well as societies running educational institutions - Elders in general and parents and teachers in particular owe a responsibility for taking care of the well-being and welfare of the children - On facts, it would not be proper for the children whose parents were transferred to Delhi from different States of India to be denied admission in the schools much less the non-aided schools because of the instructions issued by the Government through its Education Department - It is appropriate to relieve the appellants from the hardship of having the admission granted earlier under Notification dated 18th December, 2013 from being taken away by the subsequent Notification dated 27th February, 2014, issued in the mid-stream - It was not permissible for the Administration to alter the basis of admission after the admission process had started and further having participated in the selection process, the criteria for selection could not have been questioned by unsuccessful participants - In the circumstances, it is directed the admissions already granted to the appellants' children shall not be disturbed on the basis of impugned Notification dated 27th February, 2014 deleting points for Inter State Transfer - These children shall continue their study in those schools where they got admitted or selected for admission - Recognised Schools (Admission Procedure for Pre-Primary Class) Order, 2007. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 369 |
Petitioner | Major Saurabh Charan And Others Etc. |
Respondent | Lt. Governor, Nct Of Delhi And Others Etc. |
SCR | [2014] 6 S.C.R. 738 |
Judgement Date | 2014-05-07 |
Case Number | 5379-5380 |
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