SHUBHRA HITESHBHAI GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Hitesh Gupta, Mr. D.U. Prajapati, Mr. Amit Chaudhary and Mr. Samir Gohel, learned counsels appearing for the petitioners in their respective petitions and Mr. Kamal Trivedi, learned Advocate General assisted by Mr. K. M. Antani, learned Assistant Government Pleader with Ms. Ankeeta Rajput, learned advocate for the respondent State.

(2.) In the instant group of writ petitions, parents of children of the State of Gujarat, who were below 6 years of age as on 1/6/2023 and have completed or would complete 6 years of age during the Academic Year 2023- 24, seek to challenge the Notification dtd. 31/1/2020, prescribing the age limit of 6 years of age as on 1 st June of the academic year 2023-24 for admission of a child in 1 st standard.

(3.) The petitioners (parents) contend 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 1 st standard in the Academic Session 2023-24. They have, however, been excluded from the zone of consideration because of the Notification dtd. 31/1/2020, whereby amendments have been brought in the Right of Children to Free and Compulsory Education Rules, 2012 ('the RTE Rules, 2012' for short), framed by the Government of Gujarat in exercise of powers conferred under sub-sec. (1) of Sec. 38 of the Right of Children to Free and Compulsory Education Act, 2009 ('the RTE Act, 2009' for short) to give effect to the object of the said Act. With the amendment of sub-rule (1) of Rule 3 of the RTE Rules, 2012, the elementary schools in the State of Gujarat have been prohibited from taking admission of children in 1 st standard who have not completed 6 th year of age on the first day of the academic year. By another Notification dtd. 4/8/2020, Joint Secretary, Education Department directed for implementation of the amendments brought by the Notification dtd. 31/1/2020, wherein it was categorically stated that for the Academic Session 2023- 24, it shall be ensured that children who intend to take admission in 1st standard must complete 6th year on 1st June.