- (1.) THIS and the three Companion Special Appeals arise out of a judgment disposing of four writ petitions. They all raise common questions and can be conveniently disposed of together.
(2.) ON December 23, 1965 the State Government in its Education Department addressed a demi order to the Director of Education U. P. It informed the Director that the Governor has been pleased to order that with effect from July, 1966, the mini mum age limit for admission to class VI in all the recognised educational institutions in the State shall be 9 years on July 1 of the year in which admission to class VI is sought. Consequently at the High School stage, the minimum age limit for all stu dents appearing at the High School Exami nation of 1971 onwards, shall be 14 years on July 1 of the year in which the student appears at the High School Examination of the Board of High School and Intermediate Education. The Director was asked to take Immediate action to notify this decision to all the educational officers and institutions concerned and to request the Board of High School and Intermediate Education, U. P. to take suitable action for the amendment of the Board's Regulations. As a result of this directive, the Education Code was amended. Clause (E) was added to paragraph 90 thereof providing for a restriction for admission to class VI at the minimum age of 9 years. In due course, the Board by Notification dated 21st February, 1966 added Regulation 33 to Chapter XII of the Regulations made by it under the U. P. Intermediate Education Act. It provided that no candidate shall be eligi ble for admission to the High School Exa mination of 1971 and onwards unless his/her age on the 1st July of the year in which he/she intends to appear at the examination is 14 years or more.
(3.) THE respondents in these appeals sought admission to the High School Exa mination held in 1972. Their applications were rejected by the Board on the ground that they were below 14 years in age. One of the respondents was, however, given the admission card but subsequently his exami nation was cancelled on the same ground.;