Gujarat High Court Upholds 6-Year Age Requirement for Class 1 Admission
The Gujarat High Court has recently upheld the age requirement for Class 1 admissions, emphasizing that children must complete six years of age by June 1st of the academic year to be eligible. The decision came after a series of petitions were filed challenging the notifications dated January 31, 2020, and August 4, 2020, which set the age criteria.
The bench commented,
“As regards the cut-off date, there is no challenge to the rule fixing 1st June of the academic year for completion of 6th year of age to seek admission in 1st standard. The only argument is to grant leverage / leniency to those children who were admitted in preschools in the Academic Session 2020-21 and have completed 3 years of elementary education to be school ready.”
Petitioners, primarily parents, argued that children who had enrolled in pre-school during the 2020-21 academic session and completed three years of pre-schooling should be granted an exception for the current academic year. They contended that the policy, which was introduced on January 31, 2020, caught many off guard. The counsels argued that denying admission to such children would infringe upon their right to education, as recognized by Article 21A of the Constitution and enforced through the RTE Act, 2009.
However, after deliberation, the Court observed that the main challenge was centered on the cut-off date of June 1st for the 2023-24 academic year. The concern was that nearly 9 lakh children in the state would be deprived of their right to education due to the denial of 1st standard admission.
The court cited Section 2(c) of the RTE Act, 2009, which states that a child of 6 years is eligible for admission to a neighborhood school for free and compulsory education until completing elementary education. The Court elaborated,
“A conjoint reading of Sections 2(c), 3, 4, 14 and 15 of the RTE Act, 2009 makes it clear that a child above the age of 6 years cannot be denied in a formal school and the State is mandated to take all necessary measures that such a child who falls within the definition of ‘child’ under the RTE Act, 2009, completes his or her elementary education without any rider.”
The Court also emphasized the National Education Policy, 2020, which states that over 85% of a child’s brain development happens before the age of 6. This highlights the importance of early childhood care and education. The Court further noted the lack of quality early childhood care for many children, especially those from disadvantaged backgrounds, and stressed the need for significant investment in this sector.
Addressing the children currently before the court, the bench stated,
“The children who are before us, have been admitted in a pre-school by their parents before completion of age of 3 years, prescribed minimum age for admission in a pre-school in the RTE Rules, 2012, which has been enforced in the State of Gujarat w.e.f. 18.2.2012.”
Concluding the matter, the Court said,
“For the above discussion, we do not find any merit in the challenge to the Notifications dated 31.1.2020 and 4.8.2020. All the writ petitions, in this bunch, are found to be devoid of merits and hence dismissed,”
thereby rejecting the petitions.
