No education to child before age of six years: Gujarat HC 

Ahmedabad: The Gujarat High Court has rejected a bunch of petitions challenging the age limit set by the state government for Class 1 admissions in the academic year 2023-24. The bench of Chief Justice Sunita Agarwal and Justice NV Anjaria, also stated that parents who force children under the age of three to attend preschool are engaging in unlawful behaviour.

The state government, on January 31st, 2020, through a notification, specified the age limit for Class 1 admissions in the academic year 2023-24. These petitions were submitted by a group of parents challenging the validity of the notification as their children hadn’t turned six by June 1, 2023.

In its verdict, the high court emphasized Rule 8 of the Right to Education (RTE) Rules, 2012, which relates to preschool admissions. The rule states that “no preschool is allowed to admit a child who hasn’t completed three years of age by June 1 of the academic year.”

The court underscored that this prohibition aligns with the principles outlined in the Right to Education Act of 2009 and the Right to Education Rules of 2012. According to the court, a child’s three-year early childhood care and education in preschool serve as fundamental preparation for their subsequent enrollment in Class 1 at a formal school.

The petitioners argued that the June 1 cutoff date for the current academic year would deny around nine lakh children their right to education. However, the court clarified that a child’s right to free and compulsory education begins after they reach the age of six.

“The child’s right, as granted by the constitutional provision of Article 21A and Section 3 of the RTE Act, 2009, commences only after reaching the age of six years,” the court affirmed.

By examining sections 2(c), 3, 4, 14, and 15 of the RTE Act, 2009 together, it becomes evident that a child older than six years cannot be deprived of education in a formal school setting, it asserted.

Furthermore, the court referred to the 2020 National Education Policy (NEP), which emphasizes the importance of early childhood care and education for children under six years of age. DeshGujarat