08 August 2009
Respected All, I want to admit my daughter (age-5 yrs) in a school,in class u.k.g. the principal of that school take written test of my daughter (there many other chields were also there 4 written test),but test result was not shown to me. and principal told me that yr daughter is fail in test! I ask to show copy of the test but principal not show the copy. however there without test admission are taking in that school with source. what can i do? is there any remady ? it is the matter of my daughter's year. PLZ. HELP ME !
08 August 2009
08 August 2009
You can seek the information by applying in writing to the school. If the school did not give any positive response, then you can approach through the District Education Officer who has the control over the school.
If the school is a public one, then you can seek the data of students admitted and seek to inspect the records pertaining to the entrance test process also. (If feasible, seek the direction of DEO for this purpose).
In recent past, there was a case on this point wherein a lawyer practising at Madras High Court when refused by the Annamalai University to provide his written test papers, has got remedy through court.
Please provide a feed-back on this issue since it may be useful for others also.
i think there are proper guidelines laid down by the Apex Court in a recent judgment concerning admissions to kindergarten school. i ll try tp put that dwn here for reference. you may go through the same and can take action accordingly if found anything relevant to your query.
14 August 2009
The Delhi HC had given directions and barred the admission test for admissions in nursery classes or so bt the same has been hel to be without jurisdiction by the Apex court.
please go through the following case and excerpts from the same .
Divisional Manager, Aravali Golf ... vs Chander Hass & Anr on 6 December, 2007 SC "Recently, the Courts have apparently, if not clearly, strayed into the executive domain or in matters of policy. For instance, the orders passed by the High Court of Delhi in recent times dealt with subjects ranging from age and other criteria for nursery admissions, unauthorized schools, criteria for free seats in schools, supply of drinking water in schools, number of free beds in hospitals on public land, use and misuse of ambulances, requirements for establishing a world class burns ward in the hospital, the kind of air Delhities breathe, begging in public, the use of sub-ways, the nature of buses we board, the legality of constructions in Delhi, identifying the buildings to be demolished, the size of speed-breakers on Delhi roads, auto-rickshaw over- charging, growing frequency of road accidents and enhancing of road fines etc. In our opinion these were matters pertaining exclusively to the executive or legislative domain. If there is a law, Judges can certainly enforce it, but Judges cannot create a law and seek to enforce it.
27. For instance, the Delhi High Court directed that there can be no interview of children for admissions in nursery schools. There is no statute or statutory rule which prohibits such interviews. Hence the Delhi High Court has by a judicial order first created a law (which was wholly beyond its jurisdiction) and has then sought to enforce it. This is clearly illegal, for Judges cannot legislate vide Union of India vs. Deoki Nandan Agarwal, AIR 1992 SC 96. In V.K. Reddy vs. State of Andhra Pradesh J.T. 2006(2) SC 361 (vide para 17) this Court observed The Judges should not proclaim that they are playing the role of law maker merely for an exhibition of judicial valour. Similarly, the Court cannot direct the legislature to make a particular law vide Suresh Seth vs. Commissioner, Indore Municipal Corporation & Ors. AIR 2006 SC 767, Bal Ram Bali vs. Union of India JT 2007 (10) SC 509, but this settled principle is also often breached by Courts."
17 August 2009
The fundamental rights of your daughter have been infringed due to refusel without any cause. Therefore first apply to the DUI under RTI act about the test result of your daughter and other students who got the admission and thereafter you can approach to the high court under 226 writ jurisdiction and high court will defenately direct the DUI to stop the discrimination in his associate schools and your concern school also. Good Luck Your further clarification is welcome at nominal fee at; firstname.lastname@example.org Advocate M:09814110005 PB. & HRY. HIGH COURT CHANDIGARH (INDIA) With Regards