Baby Zahra Ahmad vs Govt. Of Nct Of Delhi & Anr.
2009 Latest Caselaw 2347 Del

*             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

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

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