9911796707
TMI Blog2016 (2) TMI 1355X X X X Extracts X X X X X X X X Extracts X X X X ..... rwal with Mr. Khagesh Jha and Ms. Kusum Sharma, Advocates, Mr. Akhil Sachar with Mr. Raghu Vashist, Advocates, Mr. Sundeep Srivastava with Mr. Shokan Ali and Mr. Sunil K. Jha, Advocate, Mr. Rishi Manchanda with Mr. Kunal Kher, Advocates For the Respondent : Mr. Gurukrishna Kumar, Senior Advocate with Mr. Rahul Mehra, Sr. Standing Counsel, Mr. Peeyoosh Kalra, ASC and Mr. Q. Tripathi and Ms. Sneha Iyer, Advocate, Mr. Dev P. Bhardwaj, CGSC JUDGMENT MANMOHAN, J: (Oral) CM APPL. 4439/2016 in W.P.(C) 1015/2016, CM APPL. 4441/2016 in W.P.(C) 1016/2016, CM APPL. 4443/2016 in W.P.(C) 1017/2016, CM APPL. 4445/2016 in W.P.(C) 1018/2016, CM APPL. 4472/2016 in W.P.(C) 1023/2016, CM APPL. 4477/2016 in W.P.(C) 1024/2016, CM APPL. 4480/2016 in W.P. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 to 8 as defined in Section 3 of Right to Education Act, 2009 [for short "RTE Act, 2009"]. According to them, since most schools do not open admissions to pre-primary and class one, and instead open admission to the nursery/pre-school class, correspondingly every child has a right to apply for nursery at age 4+ years. 4. Learned counsel for petitioners further submit that upon a strict reading of Sections 2(c), 2(f), 3 and 12(1)(c) of RTE Act, 2009, it is apparent that the entry level for class one is upon attainment of six years. They contend that since the impugned executive order fixes the upper age limit for class one as less than six years as on 31st March of the year in which the admission is sought, the same is inconsistent with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aspect of fixing the lower and upper age limit. 10. It is stated that the Sub-Committee was of the opinion that for better socio psycho development of a child, the child should be exposed to the peer group of his/her age so that the whole group represents the same kind of needs and behaviour. The Sub-Committee was of the view that in earlier stages of childhood when the child is developing fast, difference of few months/year in age of a child can have a big effect not only on his/her psychological appearance, but in behaviour and attitude as a whole. The Sub-Committee was of the opinion that children with minimum possible difference of age should be allowed in the same class in a school. 11. Learned senior counsel for Govt. of NCT of Del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d learned counsel for the parties, this Court is prima facie in agreement with the submission of learned senior counsel for Govt. of NCT of Delhi that interference by courts in education and academic matters should be minimal. 16. 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. 17. 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to general category till the date and time specified hereinabove. Applications already filed by the parents of such wards shall be considered by the schools and their points/marks shall be uploaded on or before 12th February, 2016. This Court may mention that the aforesaid directions have been passed as the last date for displaying first list of candidates is 15th February, 2016 and this Court desires that all the parties adhere to the schedule fixed. Accordingly, present applications stand disposed of. Order dasti. CM APPL. 4440/2016 in W.P.(C) 1015/2016 , CM APPL. 4442/2016 in W.P.(C) 1016/2016, CM APPL. 4444/2016 in W.P.(C) 1017/2016, CM APPL. 4446/2016 in W.P.(C) 1018/2016, CM APPL. 4474/2016 in W.P.(C) 1023/2016, CM APPL. 4478/2016 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
