* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA No.272 of 2009 & C.M. Nos.8265-66/2009
BABY ZAHRA AHMAD ..... Appellant
Through: Mr. S.D. Ansari, Advocate.
Versus
GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through: None.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE NEERAJ KISHAN KAUL
ORDER
% 29.05.2009
1. This appeal arises out of the order dated 17th March, 2009 passed by the learned single Judge. Briefly stated the facts are as follows:-
2. The appellant (original petitioner in the writ petition) applied for admission in K.G. (pre-primary) in the school. The latter indicated the procedure and after evaluation, the appellant was selected for the interview. However, ultimately the appellant's name did not figure in the list of selected candidates. The appellant, being aggrieved by the same, filed the Writ Petition (Civil) No. 6845/2009. The said writ petition was disposed of on 12th February, 2009. The Court, in that matter opined that the Directorate of Education should at the first instance inquire into the matter and after considering the records and parties' contentions issue appropriate orders. The Directorate of Education conducted an inquiry and passed the impugned order LPA No.272/2009 Page No.1 of 3 which was the subject matter of the writ petition out of which the present appeal arises.
3. The Directorate of Education came to the conclusion that the draw of lots was conducted by the Admission Committee which comprised two parents from the school. The school conducted the draw of lots in respect of 166 children having equal marks to pick up 69 children. Since the draw of lots was held in the presence of two Parent-Teacher Association members, who were present as representatives of the parents, the Directorate of Education concluded that the draw of lots had been held in a transparent manner.
4. The learned single Judge took note of the contention of the school that in order to resolve the tie amongst eligible candidates, a draw of lots was conducted under the aegis of the Admission Committee which comprised of two members of the Parent-Teacher Association. Two parent representatives and two Management representatives were also present during the draw of lots. The learned single Judge also took note of the fact that at least 96 of the parents of unsuccessful students in the draw of lots were satisfied as to the fairness of the draw of lots. The learned single Judge rightly came to the conclusion that there was transparency and fairness in the draw of lots held and the entire procedure was not tainted. The learned single Judge also rightly held that acceptance of the appellant's contentions would lead to startling results whereby the LPA No.272/2009 Page No.2 of 3 entire admission process would have to be set aside, which would hardly be in the public interest.
5. We see no infirmity in the order of the learned single Judge. The appeal must fail. Accordingly, the present appeal is dismissed. All pending applications stand disposed of as well.
CHIEF JUSTICE NEERAJ KISHAN KAUL, J.
MAY 29, 2009 sb LPA No.272/2009 Page No.3 of 3