Vidushi Vats
In 2020, the Gujarat State Government issued a notification prohibiting schools from admitting children who have not attained six years of age to Class 1, from the current academic year.
Gujarat High Court was dealing with a batch of petitions filed by parents challenging this notification. In a recent judgement, the court dismissed these petitions, thus, upheld the State guidelines.
The Bench, presided by Chief Justice Sunita Agarwal and Justice NV Anjaria, emphasized that the entitlement to free and mandatory education, as outlined in the Right to Education Act (RTE Act) and Article 21A of the Indian Constitution, commences once a child reaches the age of six.
It highlighted that according to the RTE Act, a child cannot be enrolled in a pre-school if they have not reached three years of age by June 1 of the corresponding academic year.
The Court ruled that the petitioners were in breach of the RTE Act, 2009, and the RTE Rules, 2012, and therefore, they were not eligible for any leniency or special consideration.
“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.”
Moreover, the Bench cited the National Education Policy, 2020, which underscored that more than 85% of a child’s overall brain development takes place before the age of six. The Court emphasized the crucial significance of providing proper care and cognitive stimulation during the early years to guarantee healthy brain growth and development.
“It was noted that quality of early childhood care and education is not available to crores of young children, particularly children from socio-economically disadvantaged backgrounds. Strong investment in early childhood care and education has the potential to give all young children such access, enabling them to participate and flourish in the educational system throughout their lives.”
Name of the case: Shubhra Hiteshbhai Gupta v. State of Gujarat
Bench: Chief Justice Sunita Agarwal and Justice NV Anjaria