* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1178/2012
Decided on: 18.04.2012
IN THE MATTER OF
BABY AMNA SHUJA (MINOR) THROUGH FATHER/NATURAL GUARDIAN
SHUJA NABI ..... Petitioner
Through: Mr. Sunny Arora, Advocate with
Ms. Shweta Goel, Advocate
versus
BIRLA VIDYA NIKETAN PUBLIC SCHOOL AND ANR ..... Respondents
Through: Mr. Amit P. Deshpande, Advocate with
Ms. Vaishali Deshpande, Advocate for R-1/school.
Mr. Anjum Javed, Advocate for R-2/GNCTD.
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (ORAL)
1. The present petition has been filed by the father of the petitioner praying inter alia for directions to the respondents to admit the petitioner in the pre-primary standard in respondent No.1/School for the academic year 2012-13.
2. It is averred in the writ petition that respondent No.1/School had arbitrarily awarded only 40 points to the petitioner, whereas the petitioner is eligible for being awarded 65 points. In other words, the W.P.(C) 1178/2012 Page 1 of 6 petitioner had claimed an additional 15 points on account of falling in the category of neighbourhood residence, as it was contended that her residence is within the radius of 5 kilometers from the school and an additional 10 points being a girl child, which it is stated, respondent No.1/School has arbitrarily declined.
3. On 06.03.2012, counsel for respondent No.2/Directorate of Education (DOE) had stated that a notice dated 28.02.2012 had been issued by the Department to the Principal of respondent No.1/School, seeking information with regard to the present case and that a reply thereto was submitted by the said school stating inter alia that the school had strictly adhered to the criteria of admission laid down by the Department. However, as appearance was entered on behalf of respondent No.1/school on the said date, time was granted to both the respondents to file their counter affidavits/status reports.
4. As per the counter affidavit filed by respondent No.1/School, it is averred that the petitioner has concealed the fact that the school had displayed a bus route chart on its notice board that was applicable for admission to the Nursery/KG for the academic session 2012-13. As per the bus route chart enclosed as Annexure-A to the counter affidavit, the locality where the petitioner is residing, namely, Chattarpur Enclave, Phase-II, was not included in the bus route chart. It is further averred that the criteria for admission to pre-primary school for the academic W.P.(C) 1178/2012 Page 2 of 6 session 2012-13 enclosed as Annexure-4 to the writ petition has been strictly adhered to by the respondent No.1/School. The said criteria is reproduced hereinbelow:-
S.No. Criterion Max
Points
1. Neighbourhood criterion 15
Residence in area < 5 km
or
Distance beyond 5 km on school
bus routes using school transport
2. Sibling (only for 1 Sibling) 20
3. Ward of Alumni 20
4. Transfer case/Children of 20
Personnel of Defence and
Paramilitary forces
5. Single Parent 10
6. Girl Child - Single Child 10
7. First Child 05
5. It is submitted by the counsel for the respondent No.1/School that the petitioner was given 20 points each against Sr. No.2, i.e., Sibling and Sr.No.4, i.e., Transfer Case, but she was not entitled to any points in respect of the criterion mentioned against Sr. No.1, 3, 5, 6 and 7. He states that the residence of the petitioner does not fall in the school bus W.P.(C) 1178/2012 Page 3 of 6 route and secondly, the parents of the petitioner have themselves stated in the application form that the distance between their residence and the school is 8.5 km and that the school transport would be required by the petitioner. He submits that in such circumstances, the petitioner cannot insist that the distance between respondent No.1/School and the residence of the petitioner is less than 5 km to claim entitlement to 15 points as per Sr. No.1 of the criterion on account of Neighbourhood Residence being less than 5 kms. He further states that it is not denied that the petitioner is not a single girl child and that she has a sibling, who is already studying in the school, due to which, 20 points have already been assigned as per Sr. No.2 of the criterion and therefore, the petitioner is not entitled to another 10 points against Sr. No.6 of the criterion.
6. As per the status report filed by the respondent No.2/DOE, the school had furnished the details of the points allotted to the petitioner on the basis of the information submitted by her parents in the application form and the said details were duly examined by the Department and found to be correct. Counsel for respondent No.2/DOE states that having verified the reply submitted by respondent No.1/School to the notice issued by respondent No.2/DOE on 28.02.2012 and having found the factual position as stated by respondent No.1/School to be correct, there is no justification for entertaining the present petition. W.P.(C) 1178/2012 Page 4 of 6
7. The Court has examined the counter affidavit filed by respondent No.1/School as also the status report filed by respondent No.2/DOE alongwith the criteria for admission to pre-primary school laid down by respondent No.2/DOE for the academic session 2012-13.
8. The only bone of contention is the non-grant of 15 points to the petitioner on account of neighbourhood residence and 10 points on account of being a girl child. A perusal of the application for admission, submitted by the parents of the petitioner, itself bears out the stand of the respondents that the parents of the petitioner have themselves specified the distance between their residence and the school as 8.5 km and ticked the column, where the applicant was asked whether school transport would be required. The bus route chart enclosed as Annexure A to the counter affidavit filed by respondent No.1/school reveals that the locality where the petitioner resides, namely, Chattarpur Enclave, Phase- II, has not been included in the bus route chart. Thus, the petitioner cannot claim entitlement to 15 points under the Neighbourhood Criterion.
9. As regards the claim of 10 points against Sr. No.6 of the criterion in respect of girl child/single child, it is not denied that the petitioner is not a single girl child and that she has a sibling (sister), who is elder to her and is already studying in the respondent No.1/School. Thus, the petitioner is not entitled to the grant of 10 points under the aforesaid criterion as well. As a result of the above criterion for W.P.(C) 1178/2012 Page 5 of 6 admission, the petitioner has obtained a total of 40 points, which is 10 points below the cut-off points of 50 and hence, she could not be considered for admission to the pre-primary school by respondent No.1/School.
10. In view of the aforesaid position, the present petition is dismissed as being devoid of merits, while leaving the parties to bear their own costs.
(HIMA KOHLI)
APRIL 18, 2012 JUDGE
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