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2016 (2) TMI 1355 - DELHI HIGH COURTFixation 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.
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