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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, N.V. ANJARIA, JJ.
Shubhra Hiteshbhai Gupta – Petitioner
Versus
State of Gujarat – Respondent
Special Civil Application Nos. 6181, 6184, 6185, 6186, 6187, 6188, 6189, 6190, 6191, 6192, 6193, 6194, 6195, 6196, 6197, 6198, 6199, 6200, 6201, 6202, 6203, 6205, 6206, 6207, 6209, 6210, 6212, 6213, 6214, 6215, 6216, 6217, 6218, 6219, 6220, 6222, 6223, 6224, 6225, 6226, 6228, 6229, 6230, 6231, 6233, 6234, 6235, 6236, 6237, 6238, 6239, 6240, 6241, 7505, 10092, 10904 of 2023
Decided On : 11-08-2023
AGE LIMIT - Admission of Children in 1st Standard - RTE Act, 2009, Rule 3 of RTE Rules, 2012 - The court discussed the challenge to the Notification dated 31.1.2020 prescribing the age limit of 6 years for admission in 1st standard. The court analyzed the provisions of the RTE Act, 2009 and Rule 3 of RTE Rules, 2012, and the rationale behind the age limit. The court found no merit in the challenge and dismissed the writ petitions.
Fact of the Case:
Parents of children below 6 years of age challenged the Notification dated 31.1.2020, which prescribed the age limit of 6 years for admission in 1st standard. They argued that their children, who are not above 6 years of age, have completed elementary education and are entitled to admission in 1st standard in the Academic Session 2023-24.
Finding of the Court:
The court found that the challenge was based on the premise that approximately 9 lakhs children in the State would be deprived of their right to education in the current academic session. However, the court noted that the right to receive formal education under the RTE Act, 2009 begins after completion of age of 6 years. The court also found that the National Education Policy, 2020 recognizes the age below 6 years as early childhood care and education.
Issues: The issues involved in the case were the challenge to the Notification dated 31.1.2020 prescribing the age limit of 6 years for admission in 1st standard and the contention that children who have completed 3 years of elementary education in a pre-school should be granted relaxation for admission in 1st standard.
Ratio Decidendi: The court held that the challenge to the age limit was devoid of merit as the cut-off date for completion of 6 years of age for admission in 1st standard has a rationale to provide education to children at an appropriate age. The court also noted that forcing children to go to a pre-school below the age of 3 years is an illegal act on the part of the parents.
Final Decision: The court dismissed all the writ petitions, finding them devoid of merits.
JUDGMENT :
SUNITA AGARWAL, J.
1. Heard Mr. Hitesh Gupta, Mr. D.U. Prajapati, Mr. Amit Chaudhary and Mr. Samir Gohel, learned counsels appearing for the petitioners in their respective petitions and Mr. Kamal Trivedi, learned Advocate General assisted by Mr. K.M. Antani, learned Assistant Government Pleader with Ms. Ankeeta Rajput, learned advocate for the respondent State.
2. In the instant group of writ petitions, parents of children of the State of Gujarat, who were below 6 years of age as on 1.6.2023 and have completed or would complete 6 years of age during the Academic Year 2023-24, seek to challenge the Notification dated 31.1.2020, prescribing the age limit of 6 years of age as on 1st June of the academic year 2023-24 for admission of a child in 1st standard.
3. The petitioners (parents) contend that their children, who are not above 6 years of age, have taken admission in elementary schools in the Academic Session 2020-21 and have completed elementary education and, thus, are entitled to admission in 1st standard in the Academic Session 2023-24. They have, however, been excluded from the zone of consideration because of the Notification dated 31.1.2020, whereby amendments have been brought in the Right of Children to Free and Compulsory Education Rules, 2012 (‘the RTE Rules, 2012’ for short), framed by the Government of Gujarat in exercise of powers conferred under sub-section (1) of Section 38 of the Right of Children to Free and Compulsory Education Act, 2009 (‘the RTE Act, 2009’ for short) to give effect to the object of the said Act. With the amendment of sub-rule (1) of Rule 3 of the RTE Rules, 2012, the elementary schools in the State of Gujarat have been prohibited from taking admission of children in 1st standard who have not completed 6th year of age on the first day of the academic year. By another Notification dated 4.8.2020, Joint Secretary, Education Department directed for implementation of the amendments brought by the Notification dated 31.1.2020, wherein it was categorically stated that for the Academic Session 2023- 24, it shall be ensured that children who intend to take admission in 1st standard must complete 6th year on 1st June.
4. The challenge to the Notifications dated 31.1.2020 and 4.8.2020, insofar as they relate to the admission in 1st standard prescribing the cut-off date as 1 st June for the academic year for attaining the age of 6 years, are on the ground of being unjust, improper, illegal and unconstitutional. The prayer has been made for quashing of both the above notifications issuing directions to the concerned school to process and grant admission to the children of the writ petitioners (parents) in 1st standard in the Academic Session 2023-24 by granting relaxation in the cut-off date.
5. It was argued by the learned counsel appearing for the petitioners that the fixation of cut-off date prescribing the age limit for admission in 1st standard is hit by Article 21A of the Constitution, which mandates the State to provide free and compulsory education to all children of the age of 6 to 14 years. The provisions of Sections 4 and 15 of the RTE Act, 2009 have been pressed into service to assert that the said provisions have been enacted by the Parliament in order to fulfill the mandate of Article 21A of the Constitution. Section 4 of the RTE Act, 2009 mandates that if a child above 6 years of age has not been admitted in any school or though admitted could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age. Section 15 of the RTE Act, 2009 mandates that every child above the age of 6 years shall be admitted in a school at the commencement of the academic year or within the extended period as may be prescribed. Proviso to Section 15 prohibits the State from denying admission to a child even if admission is sought subsequent to the extended period. The word ‘child’ has been defined in Section 2(c) of the RTE Act, 2009 to mean a
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