Case Note & Summary
The Petitioner, a minor student aged 5 years, through his father, filed a writ petition seeking admission to the first standard for the academic year 2021-2022. The Petitioner was born on 2 January 2016. The school considered his application for Senior K.G. instead of first standard on the ground that as per the Government Resolution dated 18 September 2020, the cut-off date for age eligibility was 31 December 2020, and the Petitioner was not 6+ years old as of that date. The Petitioner relied on the Government Resolution dated 25 July 2019, which provided that a child should be 6+ years as on 31 December of the academic year for admission to first standard, but also empowered the Head Master to relax the age by 15 days. The Petitioner contended that the 2020 Resolution did not take away this relaxation power. The Court heard the father of the Petitioner in person and the learned AGP for the State. The Court examined the two Government Resolutions and noted that the 2020 Resolution referred to the 2019 Resolution and provided for the cut-off date of 31 December 2020, but did not specifically mention the relaxation power. The Court held that the relaxation power under the 2019 Resolution continues to exist and is not abolished by the 2020 Resolution. Consequently, the cut-off date for age eligibility, with relaxation, extends to 15 January 2021. Since the Petitioner had submitted his application before 15 January 2021, he was eligible for admission to first standard. The Court directed the Respondent-State to consider the Petitioner's application for admission to first standard for the academic year 2021-2022 in light of the relaxation power and, if found eligible, to grant admission. The petition was disposed of accordingly.
Headnote
A) Education Law - School Admission - Age Eligibility - Government Resolution dated 25 July 2019 provided that a child should be 6+ years as on 31 December of the academic year for admission to first standard, with power to Head Master to relax age by 15 days. Government Resolution dated 18 September 2020 reiterated the cut-off date of 31 December but did not specifically refer to or abolish the relaxation power. The Court held that the relaxation power under the 2019 Resolution continues to exist and is not taken away by the 2020 Resolution. (Paras 1-10) B) Education Law - School Admission - Cut-off Date - The cut-off date for age eligibility for first standard admission is 31 December of the academic year. With relaxation of 15 days, the cut-off date extends to 15 January. The Petitioner, born on 2 January 2016, was eligible for admission to first standard for the academic year 2021-2022 as his application was made before 15 January 2021. (Paras 1-10) C) Education Law - School Admission - Minor Student - The Court directed the Respondent-State to consider the Petitioner's application for admission to first standard for the academic year 2021-2022 in light of the relaxation power, and if found eligible, to grant admission. (Paras 10-12)
Issue of Consideration
Whether the Government Resolution dated 18 September 2020 takes away the power of the Head Master to grant relaxation of 15 days in minimum age for admission to first standard as provided in the Government Resolution dated 25 July 2019.
Final Decision
The Court allowed the petition and directed the Respondent-State to consider the Petitioner's application for admission to first standard for the academic year 2021-2022 in light of the relaxation power under the Government Resolution dated 25 July 2019, and if found eligible, to grant admission.
Law Points
- Interpretation of Government Resolutions
- Age relaxation for school admission
- Cut-off date for age eligibility
- Power of Head Master to relax age by 15 days
