Parents Forcing Children Aged Below 3 Yrs To Attend Pre-School Are Committing 'Illegal Act': Gujarat High Court

While doing so, a division bench comprising Chief Justice Sunita Agarwal and Justice NV Anjaria further added that forcing children to go to a pre-school below the age of 3 years is an 'illegal act' on the part of the parents.

Impugned notifications dated January 31, 2020 and August 4, 2020 prescribe the age limit of 6 years of age as on 1st June of the academic year 2023-24 for admission of a child in 1st standard.

The petitioners-parents had contended that their children, who are not above 6 years of age, have taken admission in elementary schools in the Academic Session 2020-21 and have completed elementary education and, thus, are entitled to admission in 1st standard in the Academic Session 2023-24.

However, High Court noted that under Rule 8 of the Right of Children to Free and Compulsory Education Rules, 2012 (RTE Rules) aligned with the Right of Children to Free and Compulsory Education Act, 2009 ( RTE Act), there is a prohibition for admission of a child in a pre-school who has not completed 3 years of age as on 1st June of the academic year. It held,

"Three years’ ‘early childhood care and education’ in a pre-school prepares a child to take admission in 1st standard in a formal school...The petitioner – parents of children, who have not attained the age of 6 years as on 1st June of the year 2023, cannot seek any leniency or indulgence, as they are guilty of violation of the mandate of RTE Rules, 2012, which is in line with the RTE Act, 2009. Forcing children to go to a pre-school below the age of 3 years is an illegal act on the part of the parents who are petitioners before us. The contention that the children are school-ready as they have completed 3 years of elementary education in a preschool having been admitted in the Academic Session 2020-21, therefore, does not impress us at all.”

“As regards the cut-off date, there is no challenge to the rule fixing 1st June of the academic year for completion of 6th year of age to seek admission in 1st standard. The only argument is to grant leverage / leniency to those children who were admitted in preschools in the Academic Session 2020-21 and have completed 3 years of elementary education to be school ready,” the bench added.

The challenge against both the January 31, 2020, and August 4, 2020, notifications regarding the admission to the first grade, particularly the June 1 cutoff date, was based on claims of injustice, impropriety, illegality, and unconstitutionality. The writ petitioners, who were parents, requested the court to annul both notifications and instruct the relevant schools to admit their children to the first grade for the 2023-24 academic session by granting an exemption from the cutoff date.

The petitioners' main argument was that children who were already enrolled in a pre-school during the 2020-21 academic session and had completed three years of pre-schooling should be granted an exception for the current academic session.

They based this argument on the claim that the policy of setting the age at 6+ years as of June 1st of the academic year only came into effect on January 31, 2020, which took many parents by surprise.

It was vehemently argued by the counsels that denial of admission in the 1st standard in the current academic session to such children who are otherwise qualified for admission in a formal school in 1st standard, would result in infringement of their right to education recognised by Article 21A of the Constitution and implemented and enforced through RTE Act, 2009.

After hearing the arguments from both sides and reviewing the records, the Court noted that the counsels representing the parties admitted that they could not challenge the requirement of a child being six years old for 1st standard admission.

The Court further noted that the challenge focused on the cut-off date of June 1st for the current academic year, 2023-24, under the premise that approximately 9 lakhs children in the State (including the petitioners' children) would be deprived of their right to education in the current academic session due to denial of 1st standard admission.

The court observed that according to Section 2(c) of the RTE Act, 2009, a child of 6 years is eligible for admission to a neighborhood school for free and compulsory education until completing elementary education. It emphasized that this right begins after the child turns six, and any provision for extending admission deadlines is meant to ensure that no child above the age of six is denied admission.

The Court explained, “A conjoint reading of Sections 2(c), 3, 4, 14 and 15 of the RTE Act, 2009 makes it clear that a child above the age of 6 years cannot be denied in a formal school and the State is mandated to take all necessary measures that such a child who falls within the definition of ‘child’ under the RTE Act, 2009, completes his or her elementary education without any rider.”

“As regards the age of education below 6 years, the same has been recognised by the National Education Policy, 2020, framed by the experts in the field of elementary education, as the age of ‘early childhood care and education’,” the Court further explained.

The Court highlighted the National Education Policy, 2020, which revealed that over 85% of a child's brain development occurs before the age of 6, underscoring the critical need for proper care and stimulation during these early years for healthy brain development.

The Court also pointed out the lack of quality early childhood care and education for millions of young children, particularly those from disadvantaged backgrounds. It stressed the necessity for substantial investment in early childhood care and education to provide all young children with access, enabling them to thrive in the education system throughout their lives.

The Court also pointed out that it was resolved that universal provisioning of quality early childhood development, care, and education must, thus, be achieved as soon as possible, and no later than 2030, to ensure that all students entering Grade 1 are school ready.

The Court said, “The children who are before us, have been admitted in a pre-school by their parents before completion of age of 3 years, prescribed minimum age for admission in a pre-school in the RTE Rules, 2012, which has been enforced in the State of Gujarat w.e.f. 18.2.2012. The challenge to Rule 8 of the Rules, 2012 has already been turned down by the Coordinate Bench of this Court in Special Civil Application No. 9879 of 2013, as noted above.”

“For the above discussion, we do not find any merit in the challenge to the Notifications dated 31.1.2020 and 4.8.2020. All the writ petitions, in this bunch, are found to be devoid of merits and hence dismissed,” the added said while junking the petitions.