Surat, September 6: The Gujarat High Court recently observed enrolling children under the age of three in a preschool is an illegal act on the part of the parents. This ruling comes as the court rejected a series of petitions contesting the state government's mandate of setting the minimum age for Class 1 admission in the academic year 2023-24 at six years. A group of parents with children who have not reached the age of six by June 1, 2023, contested the state government's notification issued on January 31, 2020, which specifies the age criteria for admission to Class 1 in the academic year 2023-24.

"Forcing children to go to a preschool below the age of 3 years is an illegal act on the part of the parents who are petitioners before us," the bench comprising Chief Justice Sunita Agarwal and Justice NV Anjaria made the observation. The petitioners "cannot seek any leniency as they are guilty of violating the mandate of the Right to Education Rules, 2012 of the Right to Education Act, 2009," the order said. Gujarat High Court Allows 12-Year-Old Rape Survivor To Abort, Grants Compensation of Rs 2.5 lakhs.

The two-judge bench's judgment notes that during the arguments, the legal representatives representing the parents conceded that they couldn't dispute the stipulation of a minimum age of six years for admission. However, their challenge was directed at establishing the cutoff date as of June 1 for the academic years 2023-24. Their contention was based on the concern that approximately 9 lakh children in the state would be denied their right to education in the ongoing academic session, specifically because they were refused admission to the 1st standard. PM Narendra Modi Degree Case: Supreme Court Dismisses Arvind Kejriwal’s Plea Against Gujarat High Court Order Denying Interim Relief in Academic Degree Defamation Case.

The court dismissed the parents' argument that their children were prepared for school as they had completed three years of primary education in a preschool, where they were enrolled during the academic session of 2020-21, finding this assertion unconvincing. The court pointed out that according to Section 2(c) of the RTE Act, 2009, a child who is six years old qualifies for admission to a local school to exercise their entitlement to free and mandatory education until they finish their primary education.

(The above story first appeared on LatestLY on Sep 06, 2023 03:48 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).