MAJOR SAURABH CHARAN AND OTHERS ETC. versus LT. GOVERNOR, NCT OF DELHI AND OTHERS ETC.

Citation: [2014] 6 S.C.R. 738 · Decided: 07-05-2014 · Supreme Court of India · Bench: H.L. DATTU · Disposal: Disposed off

Judgment (excerpt)

A 
B 
[2014] 6 S.C.R. 738 
MAJOR SAURABH CHARAN AND OTHERS ETC. 
v. 
LT. GOVERNOR, NCT OF DELHI AND OTHERS ETC. 
(Civil Appeal No.5379-5380 of 2014) 
MAY 07, 2014 
[H.L. DATTU, M.Y. EQBAL AND S.A. BOBOE, JJ.] 
~ 
Schools - Admission - Schools in Delhi - Inter-State 
Transfer case - Appellants were transferred to Delhi from 
C 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 -
D 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 
E 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 
F 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 
G 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 
H 
738 
MAJ. SAURABH CHARAN v. LT. GOVERNOR, NCT 739 
OF DELHI 
to the appellants' children shall not be disturbed on the basis 
A 
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. 
B 
On 18th December, 2013, Lt. Governor of NCT of 
Delhi made order to amend Recognised Schools 
(Admission Procedure for Pre-Primary Class) Order, 2007, 
according to which admission to open seats in the 
schools were to be made on the basis of fixed parameters 
C 
and points and further clarifying that vacant/unfilled 
seat(s), if any, shall be filled by draw of lots. The criteria 
for neighbourhood upto 6 kms had 70 points, Sibling 
st~ying in school had 20 points, Parent Alumni of 
Sctiool had 5 points and Inter-State transfer case had 5 
D 
points. 
Under the Notification dated 18th December, 2013, 
the children of the appellants became eligible fqr 
admission inter alia on the basis of being children of 
parents were transferred inter State - by being allotted 5 
E 
points. The appellants had participated in the draw of lots 
and secured 75% points i.e. 70 points for Neighborhood 
and 5 points for Inter State Transfer, and were successful. 
Subsequently however, the Administration issued 
Notification dated 27th February, 2014, changing the very 
F 
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. Pursuant to Notification dated 
27.2.2014, three directions were issued to Recognized 
G 
Unaided Private Schools of Delhi for strict compliance. 
Aggrieved, the appellants filed writ petition before the 
High Court. The High Court while issuing notice granted 
interim stay of only direction no.3 and directed that all 
candidates having equal marks shall be considered 
H 
740 
SUPREME COURT REPORTS 
[2014] 6 s.c.13. 
A equally by conducting a fresh draw of lots, wherever 
necessary. Aggrieved, the appellants filed writ appeals 
whereupon the Division Bench of the High Court passed 
the impugned interim order dated 3.4.2014 whereby while 
adjourning the appeals, the admission process was 
B directed to be allowed to be completed for the other 
categories of students except the candidates of the 
appellants who were transferred to Delhi from different 
c 
States of India. 
· 
Disposing of the appeals, the Court 
HELD: 1. These matters were heard on several dates 
in order to find o

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