2016 (2) TMI 1355 - HC - Indian Laws

Court stays order fixing upper age limits for admission under DSEAR, 1973, allowing children above four to apply.

SUMAN MISHRA, NAGHMA SAHAR, MASTER JAI SINGH THROUGH LEGAL GUARDIAN, MASTER EHIMAY SINGH RATHI, MASTER UDDHAV PRATAP SANWERIA THROUGH LEGAL GUARDIAN, MASTER KIAAN JAIN, ASTUTI THROUGH FATHER DIPAK KUMAR, MASTER SURAAJ SINGH LAMBA, MASTER KUBER JOURA, NYRA KAPOOR, NATALIA KAPOOR Versus GOVERNMENT OF NCT OF DELHI THROUGH DIRECTOR OF EDUCATION

The Court stayed the order fixing upper age limits for admission under DSEAR, 1973, until final disposal of the writ petitions. Children above four years ... Fixation of upper age limit for admission to pre-school, pre-primary and class one - Section 16(1) of Delhi School Education Act & Rules, 1973 - violation of Articles 14, 19(1)(a), 21A and 45 of the Constitution of India - HELD THAT:- Since in the present case, a Sub-Committee of experts was constituted by a statutory body and action has been taken in pursuance to its report, this Court would, normally, be hesitant to interfere with the same. But this Court is of the view that the State cannot take its citizens, especially the children by surprise. Both the parents as well as the children are entitled to fundamental right to education and to plan their future. As there were no upper age limit prior to 18th December, 2015, the parents of the children who are attaining the age of four prior to 31st March, 2016 could have well decided in the Academic Session 2015-16 they would get their children admitted in this Academic Year 2016-17 in the nursery class. Consequently, this Court is of the view that the impugned order issued on 18th December, 2015 virtually has a retrospective effect inasmuch as some of the petitioners have been deprived of their fundamental right to seek admission in nursery class without any forewarning inasmuch as the upper age limit has been fixed only on 18th December, 2016, i.e., on the eve of commencement of admission process for Academic Session 2016-17. Consequently, till final disposal of the writ petitions, the impugned order dated 18th December, 2015 is stayed. All children above four years of age who are desirous of seeking admission in pre-school/nursery class in the Academic Session 2016-17 shall be entitled to apply for admission on or before 9th February, 2016 till 4.00 p.m. Respondents are directed to ensure that online applications qua EWS/disadvantageous/differently abled students are accepted - Application disposed off. Issues:Challenging the order on upper age limit for admission under DSEAR, 1973, violation of constitutional articles, inconsistency with RTE Act, 2009, legality of fixing age limit, exemption for certain children, interference with admission schedule.Analysis:1. The writ petitions challenge the order dated 18th December, 2015, which fixed the upper age limit for admission to pre-school, pre-primary, and class one under DSEAR, 1973. Petitioners argue that some children would be over age by 31st March, 2016, and EWS/disadvantaged children might be ineligible due to lack of awareness.2. Petitioners claim the order violates Articles 14, 19(1)(a), 21A, and 45 of the Constitution, and RTE Act, 2009, which guarantees education rights. They argue that fixing age limit below six years for class one contradicts the RTE Act, 2009.3. Petitioners argue that age limits should be set by law, not an office order, and the order goes against previous guidelines and orders, creating inconsistency and unfairness.4. The Government of NCT of Delhi justifies the order as a response to public demand for age-appropriate peer groups for better development. They assert that the order aligns with the RTE Act, 2009, and aims to ensure children are admitted to suitable classes based on age.5. The Court acknowledges minimal interference in educational matters but notes that citizens, especially children, should not be surprised by sudden changes. The order's retrospective effect deprives some children of their right to admission without warning, affecting their future planning.6. Consequently, the Court stays the order until final disposal of the writ petitions, allowing children above four years to apply for admission in the Academic Session 2016-17. The Court directs schools to accept applications and ensure fairness in the admission process, emphasizing adherence to the schedule fixed.7. The Court's decision balances the need for age-appropriate education with fundamental rights, ensuring fairness and transparency in the admission process while addressing the concerns raised by both petitioners and the Government of NCT of Delhi.