KUMARI RENUKA KHURANA Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) Rule D.B.

(2.) The petitioners are the candidates of Nursery Teachers Part-I. who have been given admission by the Institute of Child Education after having undertaking admission test. They completed their education. The Director of Education vide his letter dated 24.1.1991. I, informed the Principal, Institute of Child Education, respondent no. 4 that the present petitioners who are 26 in no. are not eligible for admission and irregular admissions have been done in spite of registered letter no. 2785 dated 9.7.90 whereby respondent no. 4 was required to act as per the public notice regarding admission. The Principal was informed that the candidates should not be permitted to take examination of 1991 unless the admissions are rectified according to the eligiblility condition. In the advertisement issued by the Director, an eligibility condition was imposed that in the previous examination, the candidate should have obtained 50% marks an aggregate. It is only such candidates who would be eligible to be given admission in the Nursery Teachers Training Course.

(3.) The whole controversy in this petition is as to whether such a condition can be imposed by the Director regarding admission in respect of recognised unaided schools. The petitioners' case is that the Head of the Institute of Child Education is the sole authority to regulate admission either on the basis of admission test or on the basis of result in the senior secondary class under Rule 145 of Delhi School Education Rules, whereas the respondents case is that the Director has full authority to issue instructions laying down such an eligibility condition which will equally apply to the recognised unaided school and power has been drawn under Rule 144 read with sub-rule (2) of Rule 145.