( 1 ) RULE D. B.

( 2 ) THE petitioners are the candidates of Nursery Teachers Part-I. who have been given admission by the Institute of Child Education after having undertaking admission test. They completed their education. The Director of Education vide his letter dated 24. 1. 1991. I, informed the Principal, Institute of Child Education, respondent no. 4 that the present petitioners who are 26 in no. are not eligible for admission and irregular admissions have been done in spite of registered letter no. 2785 dated 9. 7. 90 whereby respondent no. 4 was required to act as per the public notice regarding admission. The Principal was informed that the candidates should not be permitted to take examination of 1991 unless the admissions are rectified according to the eligiblility condition. In the advertisement issued by the Director, an eligibility condition was imposed that in the previous examination, the candidate should have obtained 50% marks an aggregate. It is only such candidates who would be eligible to be given admission in the Nursery Teachers Training Course.

( 3 ) THE whole controversy in this petition is as to whether such a condition can be imposed by the Director regarding admission in respect of recognised unaided schools. The petitioners case is that the Head of the Institute of Child Education is the sole authority to regulate admission either on the basis of admission test or on the basis of result in the senior secondary class under Rule 145 of Delhi School Education Rules, whereas the respondents case is that the Director has full authority to issue instructions laying down such an eligibility condition which will equally apply to the recognised unaided school and power has been drawn under Rule 144 read with sub-rule (2) of Rule 145.

( 4 ) THE question that arises for consideration in the present writ petition, therefore, is as to whether the Director is empowered to lay down eligibility condition which may be applicable to the recognised unaided school. It would be appropriate to consider the relevant rule of Delhi School Education Rules. Rule 131 confers power on the Director to regulate admission to aided schools. Under that Rule, the Director has the power to regulate admission to aided schools or to a class thereof either on the basis of admission test or on the basis of the results of a student in a class. Rule 132 provided that save as otherwise provided in Chapter XII relating to admission to recognised schools, no aided school shall hold any test for admission to any class except with the written approval of the Director. It would appear that these two rules have application to aided schools. The power of regulation of admission can be exercised by the Director under Rule 131 on the basis as provided under Rule 131 and so far as holding of admission test is concerned, the aided schools cannot hold any test except with the approval of the Director. The relevant rules are Rule 144 and 145. They are as under :

"144. Power to issue departmental instructions-The Director may issue instructions with regard to any matter, not covered by this Chapter, relating to admissions to aided schools. 145. Admission to recognised unaided schools- (1) The head of every recognised unaided school shall regulate admissions to a recognised unaided school or to any class thereof either on the basis of admission lest or on the basis of result in a particular class or school. (2) Subject to the provisions of sub-rule (1), the provisions of this Chapter shall so far as may be, apply to admission to a recognised unaided school as they apply to admissions to an aided school. "

( 5 ) IT would appear from Rule 144 that it confers power on the Director to issue departmental instructions with regard to matters which are not covered by Chapter XII. The power has been conferred on the Director to issue instructions with regard to any matter relating to admissions to aided schools. Thus, it would appear that power under Rul