Gujarat High Court Grants Relief To Child Denied Admission For Falling Short Of Age Criterion By One Day

While granting relief to a student who was falling short of the age criteria of six years just by one day, the Gujarat High Court has directed that the case of the student be considered for admission and not be denied solely on this ground.

The student had not completed 6 years of age as on 01.06.2023.

The aforementioned ruling by Justice Sangeeta K Vishen comes on the heels of the introduction of new rules by the State which provide that no Elementary School shall admit a child in 1st standard who has not completed 6 years of age on 1st June of the academic year.

Justice Vishen allowed the petition of one Hari Om Bhatt whose son was born on 01.06.2017, and was asked to repeat the year in Senior KG as he fell short of one day in completing six years of age.

While referring to the 2016 judgment of the Apex Court in Yusufbhai Mamadbhai Dabawala vs Director of Primary Education Gujarat State & Others reported, Justice Vishen noted that it has been held that when Rules provide that the "child should have completed five years of age as on 1st June of that year, the emphasis and leaning is on the completion of years, and the mathematical exactitude for understanding the word “age” is not warranted, especially when it is one day’s difference applied to attach inability on the child to be admitted to the elementary school."

"It has been also pointed out that in such circumstances, a virtuous interpretation would be to count the five years in terms of total days in year by attaching such meaning to the word “year” and considering the age of the child in that way, rather than reckoning the age with reference to date. It has been therefore, concluded that child must be held to be completing five years of age as on 1st June of that year," Justice Vishen said, adding that the principle laid down in the judgment applies to the facts of the present case and therefore, action on the part of the respondent in not admitting the son of the petitioner, deserves to be quashed.

While allowing the petition, Justice Vishen said, “The respondents are therefore directed to consider the case of the son of the petitioner and grant admission and not deny the admission only on the ground that son of the petitioner has not completed 6 years of age as on 01.06.2023.”

Case Title: Hariom Mukeshbhai Bhatt vs. State of Gujarat 

Case Citation: 2023 Livelaw (Guj) 86

Appearance: MR ASHISH M. DAGLI WITH MR HITESH L GUPTA(3937) for the Petitioner(s) No. 1

MR NAYAN L GUPTA(11798) for the Petitioner(s) No. 1MR J. K. SHAH, ASSISTANT GOVERNMENT PLEADER/PP for the Respondent(s) No. 1DS AFF.NOT FILED (N) for the Respondent(s) No. 1NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4

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