IMPORTANT POINT: (1) A child admitted to the school and introduced to education is invigoration of Article 21 read with Article 21A of the Constitution of India. From the societal standpoint, introducing a child to elementary, primary and education at all levels is to lay a reinforcing stone in the foundations of civilized society, to contribute to make the democracy vibrant and worthy with educated citizenry.
(2) Right to education and right to free and compulsory education to a child being fundamental rights, it can be best accorded in company of the principles flowing from Article 14.

N.V. ANJARIA, J.

1. The child named Arman aspires to get admission in the first standard. His Arman- aspiration is sought to be smothered on the ground that he has not completed five years of age, and Arman’s age runs deficit by one day. The respondents press the Rule prescribes that child must have completed five years as on 01st June.

2. The petitioner grandfather and the guardian representing Arman is before this Court with the present writ petition.

3. Rule 3(1) in Chapter II under the caption “Right to Free and Compulsory Education” of Right of Children to Free and Compulsory Education Rules, 2010, which is applicable, reads as under.

“3. Right to Free and Compulsory Education-(1) Admission of pupils: No Elementary School shall normally admit a child who has not completed 6th year of age on the date of admission. However if a child is desirous to be admitted on completion of 5 years of age he shall be admitted, provided he has completed 5 years of age as on 1st June of that year.”

3.1 The Right of Children to Free and Compulsory Education Rules, 2010 (hereinafter mentioned as ‘the Rules’) are enacted by the State of Gujarat in exercise of powers conferred by Section 38 of the Right of Children to Free and Compulsory Education Act, 2009. Section 3 of the Right of Children to Free and Compulsory Education Act, 2009, dealing with such right of child provides in its sub-section (1) that every child of the age of six to fourteen years, shall have the right to free and compulsory education in a neighbourhood school till completion of his or her elementary education. Sub-section (2) says that child shall not be liable to pay any kind of fee or charges which may prevent him from pursuing and completing the elementary education. Child is defined in Section 2(c) of the Act of the age six to fourteen years. This legislation is anchored on the footsteps of insertion of Article 21A by the Constitution (Eighty Sixth Amendment) Act, 2002 which provides for free and compulsory education for all the children as a fundamental right in such manner as the State may by law, determine. The objects with which the said statute was brought into force, was to provide every child full-time elementary education of satisfactory and equitable quality; with an idea to provide and ensure compulsory education to the children with such obligation on the government. The legislation has an intake philosophy of and ideal in Directive Principles of State policy enshrined in the Constitution, to achieve the goal of universal elementary education to the children.

3.2 Rule 128 of the Bombay Primary Education Rules, 1949 reads as under.

“128. Admission of pupils.-(1) No approved school shall admit:-

(a) a child who has not completed the 5th year or age on the date of admission;

(b)………

(c)………

(2) A pupil shall pay the fees, if any, for the month in which he is admitted irrespective of the date of admission.”

4. Learned advocate Ms. R.P. Lakhani for the petitioner submitted that the interpretation of Rule 3(1) applied by the respondent is erroneous and misdirected. It was submitted that the child Arman is brilliant child who completed his pre-first standard education in the Kindergarten with flying colours and that he is mature enough to be admitted to the first standard class. It was submitted by learned advocate that child did complete five years of age by calculating the period as comprised of 365 days in one year.

4.1 It appears that a representation dated 10th June, 2016 was made by the father to the sixth respondent-school and it was submitted that the child had completed five years and one day on 31st May, 2016, thereby becoming eligible under the Rule. The sixth respondent-school sought opinion of the Primary Education Officer, Primary Education Committee by addressing a letter dated 13th June, 2016, who however did not budge.

4.2 Whereas learned advocate Mr. Prajapati for the respondent sticking to the Rule, submitted that cut-off date was necessary. He harped