The court emphasized the importance of valid grounds and speaking orders for rejection of applications for mentally disabled children, and directed wide publicity of admission opportunities.

GITA MITTAL, J.

1. Both these writ petitions lay a challenge to the notification dated 18th December, 2015 whereby the Directorate of Education of the Govt. Of NCT of Delhi has, in addition to the already prescribed minimum age limit for admission in pre-school, pre-primary and class 1, prescribed an upper age for admission to entry level classes. It may be noted that different prescriptions of upper ages have been made so far as differently-abled children are concerned.

2. The notification carefully provides for further relaxation so far as applications for children with mental disabilities are concerned. The care which has been taken is evident from the prescriptions that rejection of an application for admission to such a special child has to be based on valid grounds and a speaking order has to be passed by the Principal of the School. The notification of 18th December, 2015, has envisaged the opportunity of two appeals to the aggrieved parents of mentally disabled children to assail rejections.

3. We may note that when W.P.(C)No.3606/2017 first came up on 26th April, 2017, we had accepted the submission made by Mr. Peeyoosh Kalra, the then Additional Standing Counsel for the Government of NCT of Delhi and had passed the following directions as interim measures :

“14. Mr. Peeyoosh Kalra, ld. Additional Standing Counsel for the Government of NCT of Delhi, on instructions from Mr. Yogesh Pratap, Deputy Director (Education), GNCTD submits that without prejudice to the rights and contentions of all the parties; purely as an interim measure for this year alone and keeping in view the urgency in the requirement of ensuring education to those from the EWS/DG category, the Directorate of Education would be willing to issue an office order for raising the upper age admission in the EWS/DG category for each of the classes by one year. As a result, the age prescription to the classes would read as follows :

(i) Nursery: 3 – 5 years

(ii) K.G.: 4 – 6 years

(iii) 1st Class: 5 – 7 years

This is only so far as the admissions to the 25% EWS/DG quota in the private recognized schools.

15. The above submission made on behalf of the respondent no.1 is accepted. An office order in terms thereof shall be issued forthwith. The pending applications shall be immediately scrutinized, processed and admissions granted as per prescribed procedure in terms of Section 4 of the Right to Education Act.

16. So far as the remaining children are concerned, it is submitted by Mr. Peeyoosh Kalra, ld. Additional Standing Counsel for the Government of NCT of Delhi that their applications would be scrutinized in terms of paras 10 to 14 of the order dated 5th August, 2010 in W.P.(C)No.4953/2010, Kumari Uzma Bano & Anr. v. Govt. of NCT of Delhi & Anr. These children will also be accommodated in government schools.

Let the same be so done.”

4. We may also note that keeping in view the importance of the issues flagged in the notification and the requirement of maximum age prescription at the entry age, on 26th April, 2017, we had also made the following observations :

“11. It is submitted by Mr. Kamal Gupta, ld. counsel for the respondent no.2 that an expert body constituted by the Government of NCT of Delhi has considered the matter and opined that it is unadvisable to accommodate over aged children in junior classes and such an action, if implemented, works to the disadvantage of and shall cause prejudice to the very child who is admitted in a class for which he or she is over aged.

Prima facie there appears to be substance in this contention.

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18. Given the nature of the grievance which have been pointed out by ld. counsel for the petitioner, the over age prescription made by the Government requires to be put in the public domain. The respondents are directed to ensure wide publicity of the opportunities available to the children for admission in the schools and all necessary information.

19. Given the fact that we have passed the order today, which is within