A petition was filed by Hari om Bhatt before the Gujarat High Court. The petition was against the school authorities which were not accepting the admission in the 1st class due to the failure of satisfying the age number of 6 years. The child felt short by one day in completing the 6 years of age. The school authority has instructed him to repeat the Senior KG[1]. Therefore, Justice Sangeeta K Vishen of the Gujarat High Court, in this case, favors the petitioner’s side and provided relief to the child.
According to the court, the refusal of admission on the grounds of the unfulfillment of the age by just one day cannot be justified. Justice Vishen also through the special emphasis on the Yusufbhai Mamadbhai Dabawala v. Director of Primary Education Gujrat State & Others. In this case, the Supreme Court had held that child must be completed with the age of five years as of 1st June of the same year. Moreover, it was also stated that the mathematical exactitude in the matter of age won’t be considered[2].
The court had already examined the criteria of the quoted case is complying with the present situation. The non-eligibility of Bhatt’s child due to incomplete age by 1 day cannot be the cause for not confirming the admission. The court had observed that absolute age criteria cannot be executed and it is not forming a valid ground on the validity of which the respondent can favor their representation. Hence, the Gujarat High Court instructed the respondent’s side to approve the admission of the petitioner’s son[3].
Written by- Aniruddh Atul Garg, a student at ILSR, GLA University, Mathura, 2nd Semester, an intern under Legal Vidhiya
[1] LAW TREND, https://lawtrend.in/gujarat-hc-comes-to-rescue-of-a-child-denied-admission-for-being-overage-by-one-day/ (last visited 10th May, 2023).
[2] LIVE LAW, https://www.livelaw.in/high-court/gujarat-high-court/gujarat-high-court-student-admission-age-criteria-relief-228269 (last visited 10th May, 2023).
[3] LAW TREND, https://lawtrend.in/gujarat-hc-comes-to-rescue-of-a-child-denied-admission-for-being-overage-by-one-day/ (last visited 10th May, 2023).
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