FORCING KIDS BELOW THREE YEARS TO ATTEND PRE-SCHOOL IS ILLEGAL ACT
Shubhra Hiteshbhai Gupta v. State of Gujarat, R/Special Civil Application No. 6181 Of 2023.
Introduction:-
The State of Gujarat decided to establish a minimum age requirement of six years for admission to Class 1 beginning with the current academic year. Several petitions opposing this decision were dismissed by the Gujarat High Court last month.In addition, a division bench made up of Chief Justice Sunita Agarwal and Justice NV Anjaria stated that it is unlawful to force children younger than three years old to attend a preschool.
Background:-
The Right of Children to Free and Compulsory Education Rules, 2012 ('RTE Rules') were revised by a notification dated 31 January 2023. The aforementioned modification banned primary schools in the state of Gujarat from admitting children in first grade who had not completed their sixth year of age on the beginning day of the academic year, i.e., June 1st. Another Notification dated 04-08-2020 directed the Joint Secretary, Education Department to implement the adjustments brought about by the Notification dated 31-01-2020.
Decision:-
The Court a said that the cut-off date for completion of six years of age for admission in 1st standard has a rationale, and it was prescribed to achieve the object of RTE Act, 2009, which is to provide education to children at an appropriate age and the NEP, 2020, had clearly provided that children under the age of six years are not ready for school as it is the age of ‘early childhood care and development.
According to section 2(c) of the RTE Act, 2009, a child must be six years old in order to be admitted to a neighbourhood school in order to exercise his or her right to free and compulsory education up until the end of their primary education, according to the statement.Thus, the Court dismissed the petitions on the grounds of being devoid of merits.
Citing Rule 8 of the RTE Rules, 2012, which deals with admission procedure in a preschool, the court stated no pre-school should admit a child who has not completed three years of age as of June 1 of the year.
A bare perusal of Rule 8 shows that there is a prohibition for admission of a child in a preschool who has not completed three years of age as on June 1 of the academic year. Three years of 'early childhood care and education' in a preschool prepare.
https://www.thehindu.com/education/government-asks-all-states-uts-to-make-6-years-minimum-age-for-class-1-admission/article66540085.ehttps://
Author:-Kallu nishwitha
Post graduate college of law osmania university.
BALLB.
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