IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6180 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE SANGEETA K. VISHEN Sd/-

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1 Whether Reporters of Local Papers may be allowed No

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	No
2	To be referred to the Reporter or not ?	Yes
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

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HARIOM MUKESHBHAI BHATT Versus STATE OF GUJARAT ================================================================

Appearance:

MR ASHISH M. DAGLI WITH MR HITESH L GUPTA(3937) for the Petitioner(s) No. 1 MR NAYAN L GUPTA(11798) for the Petitioner(s) No. 1 MR J. K. SHAH, ASSISTANT GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4 ================================================================

CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN Date : 02/05/2023

ORAL 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 1^st standard who has not completed 6^th year of age on the 1^st 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 1^st 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 provided that the child shall be eligible for admission who has completed 5^th year of age on the 1^st June of the respective academic year. So far as the case of the petitioner is concerned, the son of the petitioner has been denied admission on the ground that he is short by one day and will have to repeat one whole year in the Senior K.G.

3.1 It is urged that since the petitioner is short by one day, the petitioner, has not pressed the challenge to the Rules as the grievance of the petitioner, has now been taken care of by the judgment of this Court in the case of Yusufbhai Mamadbhai Dabawala v. Director of Primary Education Gujarat State & Others reported in 2016 SCC OnLine Guj 6853. It is submitted that appeal against that judgment has also been dismissed. Hence, the principle laid down in said judgment applies to the facts of the present case.

4. Mr J. K. Shah, learned Assistant Government Pleader, could not dispute the principle laid down by this Court in the above referred judgment, and its applicability to the facts of the present case. It is therefore urged that let appropriate orders be passed in the matter. 5. Heard the learned advocates appearing for the respective parties.

6. The petitioner, has not pressed the challenge to the legality and validity of the sub-rule (1) of Rule 3 of the Rules of 2012 and therefore, acceding to the request of the petitioner, this Court, has passed an order dated 01.05.2023 which, reads thus:

“Mr Ashish M. Dagli, learned advocate with Mr Hitesh L. Gupta, learned advocate for the petitio

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