JUDGMENT A. S. NAIDU, J. — All the petitioners are minors and are represented through their father guardians. Their grievance is with regard to the age prescribed by the opposite party-authori¬ties for admission to Class I in the respective Kendriya Vidyalayas. It is averred in the Writ Petitions that in accordance with the Admission Guidelines of the year 2007, all of them being selected by the authorities had taken admission in Pre-Primary Class in the respective Kendriya Vidyalayas. After successful completion of Pre-Primary Class when they are intending to take admission in Class I of the same Vidyalayas, it is alleged, they are not given admission mainly on the ground that they would not complete five years of age as on 1st of April, 2008 as stipulated in the Admission Notice published by Kendriya Vidyalayas for the academic session 2008-2009. According to the petitioners, the upper age limit prescribed earlier was five years as on 30th September of the concerned academic year. But then the said cut-off date has been preponed to 1st April of the concerned academic year. Consequently, the petitioners who have completed Pre-Primary Class are now deprived of taking admission in Class I. As a result, they will have to loss one valuable year of their academic career. 3. On receiving Rule of this Court, a counter-affidavit has been filed by opposite party No.2, the Assistant Commissioner (OFFG), Kendriya Vidyalaya Sangathan (for short KVS), Bhubaneswar Region. It has been averred in the said counter-affidavit that KVS is an autonomous body established and registered under the Societies Registration Act and, as such, it is not amenable to Writ jurisdiction. Pre-Primary Class is set up by KVS on self-finance basis as per Article 94 of the KVS Education Code and it is not a part of the Sangathan. Referring to Article 108 of the KVS Education Code it has also been averred that Kendriya Vidaya¬las being composite/co-educational schools having classes from I to XII, admission to the said classes is regulated under Article 93 of the aforesaid Code. The said provisions however are not applicable to Pre-Primary Class as it does not constitute an integral part of the scheme of studies of KVS. The said provisions however are not applicable to Pre-Primary Class as it does not constitute an integral part of the scheme of studies of KVS. In paragraph-14 of the counter-affidavit it has been admit¬ted that prior to the year 2007, age for admission to Class I was five years as on 30th September of the concerned academic year in which a child was seeking admission. But then fixation of such age-limit was assailed by Social Jurist, a Civil Rights Group, and others before the Delhi High Court in WP(C) No.12490 of 2006. While disposing of the said Writ Petition, the Delhi High Court observed that 30th September of the concerned academic year should not be taken as the cut-off date and it should be insisted that a child completes five years on the date on which the admis¬sion process commences and not when it ends. In view of the aforesaid judgment, it has been averred, on 3.12.2007 a decision was taken to amend the earlier cut-off date from 30th September to 31st March of the concerned year and it has been decided that a child seeking admission to Class I in the academic year begin¬ning from 1.4.2008 must have attained the age of five years as on 1.4.2008 for Pre-Primary Class. 4. In course of hearing learned counsel for the petitioners reiterated the averments of the petitioners. He referred to the Admission Guidelines-2007 published by KVS which stipulated as follows :- “4. Eligible age for admission - (A) A child must be 5 years old on 30th September in the academic year in which admission is being sought for admission to Class I. For subsequent classes, the eligible age would be calculated accordingly.” Relying on Admission Brochure published by KVS, he submitted that the said Brochure specifically stipulates that admission to Pre-Primary Class would be governed on the basis of Admission Guidelines and the Rules framed by KVS. A child must be four years’ old as on 30th September, 2007. He further submitted that the petitioners having been given admission in Pre-Primary Class for the year 2007 for the academic session 2007-2008, the KVS authorities are estopped from taking the stand that they are not eligible to take admission in Class I as they would not complete five years as on 31st March, 2008. 5. Mr. He further submitted that the petitioners having been given admission in Pre-Primary Class for the year 2007 for the academic session 2007-2008, the KVS authorities are estopped from taking the stand that they are not eligible to take admission in Class I as they would not complete five years as on 31st March, 2008. 5. Mr. Ashok Mohanty, learned Senior Advocate appearing for KVS, on the other hand submitted that a decision fixing the age limit for taking admission in Class I of Kendriya Vidyalayas was taken for the entire country basing upon the judgment of the Delhi High Court supra. As such, it cannot be relaxed so far as Orissa is concerned. He further submitted, rather emphatically, that only because the petitioners have passed Pre-Primary Class in Kendriya Vidyalayas they are not automatically eligible to take admission in Class I. In other words, admission to Class I is restricted to seats available and all who have passed Pre-Primary Class which is a self finance course are to compete with other children intending to take admission in Class I. 6. This Court heard the learned counsel for the parties patiently and perused the materials available meticulously. There is no dispute that in the Admission Brochure-2007 the age of a child for taking admission in Class I was fixed at five years as on 30th September of the concerned academic year. The said Bro¬chure published by KVS also reveals that for taking admission in Pre-Primary Class, a child was to be four years as on 30th Sep¬tember, 2007. In consonance with the said stipulation, all the petitioners were admitted in Pre-Primary Class and passed the same. At this stage, changing the eligible age for admission to Class I to five years on 31st March of the academic year would cause immense difficulty to the children. If a decision was taken by KVS to re-fix the eligible age in consonance with the afore¬said decision of the Delhi High Court, then such change or modi¬fication of age would be prospective, i.e. for children who intend to take admission in Pre-Primary Class for the academic session 2008-2009, and not to the children who had taken admis¬sion in consonance with the Admission Guidelines-2007. It is needless to say that the change of eligible age with retrospec¬tive effect would certainly prejudice the children who have passed Pre-Primary Class having taken admission as per the Admis¬sion Guidelines-2007, and consequently their academic career would be jeopardized. That apart, KVS having once fixed the eligible age as five years as on 30th September of the academic year and allowed the petitioners to take admission in Pre-Primary Class is estopped from now taking the stand that they will be eligible to take admission in Class I as per the changed eligibility crite¬ria. This Court observes that it will be open to the KVS to insist on changed eligible age for children who intend to take admission in Pre-Primary Class from the session 2008-2009 so as to avoid future complications. Further, depriving tiny tots of admission in Class I after they have passed Pre-Primary Class, on the ground that they would be short of some months for completing five years of age would be a betray to them at the their tender age and throttle their legitimate expectation. 7. Accordingly this Court allows both the Writ Petitions and directs that the applications of the petitioners for taking admission to Class I shall not be rejected on the ground that they would not attain five years as on 31st March, 2008 so far as 2008-2009 academic session is concerned. Petition allowed.