SUMAN MISHRA Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) Present batch of writ petitions has been filed challenging the order dated 18th December, 2015 passed by the Government of NCT of Delhi under Section 16(1) of Delhi School Education Act & Rules, 1973 [for short "DSEAR, 1973"] whereby the upper age limit for admission to pre -school, pre -primary and class one has been fixed.

(2.) While Mr. Akhil Sachar, Mr. Sundeep Srivastava and Mr. Rishi Manchanda, learned counsel for petitioners contend that some of the petitioners would be over age on 31st March, 2016, Mr. Ashok Aggarwal and Mr. Khagesh B. Jha point out that some of the petitioners belong to EWS/disadvantageous category and/or differently abled category would not be eligible to apply for admission in nursery class in Academic Session 2016 -17. Mr. Aggarwal and Mr. Jha state that due to poverty and ignorance, parents of the wards belonging to EWS/disadvantageous group were not aware that children have to be admitted to school at the earliest and not at their convenience.

(3.) Learned counsel for petitioners submit that the impugned order is in violation of Articles 14, 19(1)(a), 21A and 45 of the Constitution of India. They point out that in accordance with Article 21A of the Constitution, every child of the age of six to fourteen years has a fundamental right to education, which corresponds to the compulsory elementary education from classes 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.