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2023 Supreme(Guj) 1001

SANGEETA K. VISHEN
Hariom Mukeshbhai Bhatt – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR ASHISH M. DAGLI WITH MR HITESH L GUPTA, MR NAYAN L GUPTA
For the Respondent: MR J. K. SHAH,

JUDGMENT :

With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final disposal.

2. Issue Rule, returnable forthwith. Mr J. K. Shah, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent nos.1 to 3. Though served, respondent no.4, has chosen not to enter appearance.

3. Mr Ashish M. Dagli, learned advocate appearing with Mr Hitesh L. Gupta, learned advocate for the petitioner, submitted that initially, the petitioner, was aggrieved by the introduction of sub-rule (1) of Rule 3 of the Right of Children to Free and Compulsory Education Rules, 2012 (hereinafter referred to as “the Rules of 2012”) which, provides that no Elementary School shall admit a child in 1st standard who has not completed 6th year of age on the 1st June of the academic year. It is submitted that the date of birth of the son of the petitioner is 01.06.2017 and therefore, he would be short by one day for seeking admission in the 1st standard. It is submitted that the Rules of 2012, has been amended in the year 2020; however, the relaxation was provided to the academic years 2020-2021, 2021-2022 and 2022-2023. It has been provi

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