HARIOM MUKESHBHAI BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final disposal.

(2.) Issue Rule, returnable forthwith. Mr J. K. Shah, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent nos.1 to 3. Though served, respondent no.4, has chosen not to enter appearance.

(3.) Mr Ashish M. Dagli, learned advocate appearing with Mr Hitesh L. Gupta, learned advocate for the petitioner, submitted that initially, the petitioner, was aggrieved by the introduction of sub-rule (1) of Rule 3 of the Right of Children to Free and Compulsory Education Rules, 2012 (hereinafter referred to as "the Rules of 2012") which, provides that no Elementary School shall admit a child in 1st standard who has not completed 6th year of age on the 1st June of the academic year. It is submitted that the date of birth of the son of the petitioner is 1/6/2017 and therefore, he would be short by one day for seeking admission in the 1st standard. It is submitted that the Rules of 2012, has been amended in the year 2020; however, the relaxation was provided to the academic years 2020-2021, 2021-2022 and 2022-2023. It has been provided that the child shall be eligible for admission who has completed 5 th year of age on the 1st June of the respective academic year. So far as the case of the petitioner is concerned, the son of the petitioner has been denied admission on the ground that he is short by one day and will have to repeat one whole year in the Senior K.G.