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