Supreme Court: A 3-judge bench of M.Y. Eqbal, H.L. Dattu and S.A. Bobde, JJ held that the notifications passed by Delhi administration regarding admissions in schools would not have a retrospective action. In the present case, where, through a notification, ‘Inter-state Transfer of parents’ was made a criteria of admission was removed by a subsequent notification which was passed after admissions had taken place in schools, thereby, making several students ineligible for admission and resulting into their admissions being subsequently cancelled. The Court held that it was not permissible for the Administration to alter the basis of admission after the admission process had started and further having participated in the selection process the criteria for selection could not have been questioned by unsuccessful participants. The Court directed that the 24 candidates who belonged to the Inter-State Transfer category and had been successful in getting admission under the previous Notification (which announced the procedure of admissions) would be entitled to get admission and continue study in those schools. It further said that the Administration shall take steps to accommodate these students in various schools within its jurisdiction by increasing the number of seats in such schools. The order was however said to be applicable only to the benefit of those who had approached the Court. Major Saurabh Charan v. Lt. Governor, NCT of Delhi, Civil Appeal No. 5379-5380/2014, decided on May 7, 2014
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