The Gujarat High Court has issued a significant ruling, asserting that parents who insist on sending their children below the age of three to preschool are in violation of the law. This declaration came as the court dismissed a series of petitions that contested the state government’s decision to establish a minimum age limit of six years for admission to Class 1 in the academic year 2024-24.
The background of the case involves a group of parents who had children born after June 1, 2017, meaning they did not meet the stipulated age criterion for admission to Class 1 in the academic year 2024-24. These parents sought to challenge the state government’s notification issued on January 31, 2020, which outlined the age requirement for admission to Class 1 in the specified academic year.
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In essence, the court’s ruling underscores that sending children below the age of three to preschool, in violation of this age limit, is considered an “illegal act.” This decision carries important implications for educational policy and parental choices in the state of Gujarat.
In a recent order, a division bench consisting of Chief Justice Sunita Agarwal and Justice NV Anjaria has categorically stated that it is considered an “illegal act” when parents, who are the petitioners in this case, compel children to attend preschool before they reach the age of three years. The court further emphasised that the petitioners cannot expect any leniency because their actions are deemed to be a violation of the mandates established in the Right to Education Rules, 2012, under the Right to Education Act, 2009. This ruling underscores the seriousness of adhering to age-related educational regulations and upholding the rights of children.
Quoting Rule 8 of the RTE Rules, 2012, which specifically addresses admission procedures in preschools, the court has highlighted that no preschool is permitted to admit a child who has not reached the age of three by June 1 of the academic year in question.
The court further elaborated that a careful examination of Rule 8 clearly reveals a strict prohibition against admitting children in preschools if they have not yet celebrated their third birthday by June 1. This particular provision underscores the importance of providing a child with three years of “early childhood care and education” in a preschool setting, which is considered essential preparation for their subsequent enrolment in the formal education system, typically starting with Class 1.
The children in question were admitted to preschool before turning three years old, which violated the minimum age requirement set by the RTE Rules, 2012, enforced in Gujarat since February 18, 2012.
The parents’ argument centered on the June 1 cut-off date for the current academic year, which they believed would deny around nine lakh children in the state their right to education. They sought relaxation for children who completed three years in preschool but weren’t yet six as of June 1, 2024, to join the current academic year.
Their contention was that denial of admission would infringe on their right to education, recognised by Article 21 A of the Constitution and the Right to Education Act, 2009.
However, the court disagreed, citing section 2(c) of the RTE Act, 2009, which states that a child of six years is eligible for admission to a neighbourhood school, ensuring their right to free and compulsory education until completing their elementary education.
