NEW DELHI, Jan 31: The Supreme Court today refused to stay the interim order on nursery admission process in the national capital but asked the Delhi High Court to expeditiously hear the pleas against the guidelines by advancing the scheduled hearing.
A bench headed by Justice H L Dattu said since the order of the high court was in the nature of an interim order, it was not interfering with it and asked the high court to hear the issues raised as expeditiously as possible in the interest of the schools and welfare of the children.
The apex court gave liberty to the petitioners, Action Committee of Unaided Recognised Private Schools, Forum for Promotion of Quality Education for All and some parents to make an application before the single judge of the high court for advancing the March 11 hearing.
“Since the interim order is in the nature of refusal to grant interim relief, we also do not intend to interfere with that order. Therefore, we reject the Special Leave Petition.
“We request the single judge of the high court to consider and make all endeavour as expeditiously as possible the hear the petitions in the interest of the schools and welfare of the children,” the bench also comprising S A Bobde said.
While giving liberty to the aggrieved parties to make an application before the single judge for advancement of March 11 hearing, the bench said “If such application is made, the single judge is requested to consider the plea and expedite the hearing”.
Disposing the appeals against the high court’s order, the bench made it clear that it is not expressing any opinion on the merits of the matter.
The apex court agreed with the pleas of–Action Committee of Unaided Recognised Private Schools and Forum for Promotion of Quality Education for All–raising objections to a paragraph in the division bench’s verdict and expunged those lines from the judgement.
The division bench of the high court has confirmed the order passed by the single judge which had refused to stay the December 18, 2013 guidelines of the Lieutenant Governor (LG).
On January 24, the bench had questioned private schools for raising objections on the LG’s notification for scrapping management quota and said the decision must have been taken after considering all the facts.
It had also observed that private schools take extra fees for admitting student in management quota.
The LG had on December 18 and 27 issued the guidelines by which various steps, including weightage to neighbourhood children and abolition of 20 per cent management quota, were taken.
The court’s direction came on a plea moved by private unaided schools, which had challenged the order of the high court which refused to stay the guidelines and ordered the city Government to immediately notify new dates of admission.
Action Committee of Unaided Recognised Private Schools and Forum for Promotion of Quality Education for All, had challenged the order of the Delhi High Court.
The high court had dismissed their plea for interim stay, saying that any interference will prove “detrimental” to the interests of children.
“We, therefore, are of the view that the appellants have not been able to satisfy us of any irreparable loss and injury to them from the non-grant of the interim order sought.
“We are further in agreement with the learned single judge that any interference at this stage would create confusion and would be detrimental to the interests of children as well as parents of the wards who are seeking admission,” the high court had said. (PTI)
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