Ranjan Gogoi, C.J. - (1.) THESE appeals are directed against an order dated 15.02.2011 passed by a learned Single Judge of this Court in proceedings registered and numbered as Civil Writ Petition No. 2104 of 2011 and other connected cases.
(2.) THE impugned order passed by the learned Single Judge is an interim order inasmuch as the writ petitions have remained pending. Yet, the decision of the learned Single Judge has finally terminated the controversy in question which relates to the minimum and maximum age for admission to nursery classes in the Respondent (s) schools (four in number) in so far as the academic session 2011 -12 is concerned. The aforesaid order which has the effect of some what enhancing the minimum age for entry by extension of the date of birth from 01.04.2006 -31.03.2007 to 01.04.2006 -30.09.2007 has been construed to be adverse to the interest of the Respondent(s) schools who have filed the instant appeals. At this stage, it would be convenient to clarify that the aforesaid dates of birth of prospective candidates for admission is in respect of nursery classes, though such extension has also been granted in respect of next higher class i.e. upper K.G. which is the point of entry in one of the Appellant -schools, namely, St. Johns High School. For the sake of convenience the reference contained in the present order would be in respect of the dates of birth for the nursery class alone which could be understood with the addition of one more year, wherever necessary, for the next higher class i.e. upper K.G. The facts lies within a short compass.
(3.) THE Appellant -schools are unaided minority institutions providing education to the children of Chandigarh for long. Being minority institutions, the Appellant -schools have been largely free from governmental policies and control and have been left with the option of laying down conditions on which the admissions are to be made including the age of the students in different classes. Though the policy followed in the government schools in Chandigarh requires a child to be 3+ on the first day of April of the academic year to be eligible for admission in Nursery/LKG class and 5 years and above to be eligible for admission in Class -I, the said policy is not being very rigorously followed and implemented in respect of the private schools, particularly, unaided minority institutions like the Appellant -schools. However, after coming into force of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as 'the Right to Education Act'), a circular dated 14.01.2011 was issued by the Chandigarh Administration to the effect that the age criteria for admission would be 3+ years for Nursery class and 5+ years for Class -I respectively. The Respondent(s) schools, by the time the aforesaid circular was published and served on them on 17.01.2011, had already taken steps to start the process of issuing forms for admission to the next year commencing from April, 2011. In the said Prospectus it was stipulated that children born between 01.04.2006 to 31.03.2007 would be eligible for admission to the nursery classes. However, with the advent of the circular dated 14.01.2011, clarificatory notices were published on the notice boards of the schools and correction in the Prospectus/Forms yet to be issued were made by hand altering the dates 01.04.2006 to 31.03.2007 to 01.04.2007 to 31.03.2008. Thereafter, on 17.01.2011, U.T. Administration, Chandigarh issued a letter to the Appellant -schools permitting them to continue with the criteria followed in the past. The Appellant -schools therefore reverted to the position as advertised in the Prospectus, namely, children born between 01.04.2006 to 31.03.2007 would be eligible. As the said decision had the effect of making many children born between the altered dates i.e. 01.04.2007 to 31.03.2008 ineligible, the writ petitions in question were filed.;