ASHLESH JAGJIVANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Kumar Trivedi on behalf of the petitioner, learned Assistant Government Pleader Ms. Jyoti Bhatt on behalf of the respondent - State and learned advocate Mr. Mitul Shelat on behalf of respondent no.3.

(2.) By way of this petition, the petitioner has sought for the following prayers:-

(3.) The grievance raised by the present petitioner in the petition is that though the child of the petitioner named Mihira Ashlesh Patel was born on 1/6/2017 and whereas according to the Notification of the State Government dtd. 31/1/2020, more particularly whereby sub-sec. (1) of Sec. 38 of the Right of Children to Free and Compulsory Education Rule, 2009 has been amended which inter alia requires that 'no elementary school shall admit a child in the first standard who has not completed sixth year of age on the 1st June of the academic year,' by misinterpreting the amended rule, the respondents more particularly, as per the policy of the respondent no.1, the child of the petitioner could not get admission in the school of respondent no.3 since the admission details of the child of the petitioner could not be uploaded on the portal concerned since the portal does not accept/recognize admission to a student born on 1 st June of any particular year.