Rules there's nothing arbitrary or unreasonable in fixing cut-off age
PANAJI
The Bombay High Court at Goa on Thursday dismissed a petition that sought to challenge the Goa government’s circulars that set the cut off age for admission to pre primary and primary school specifically the need to have completed three years of age to be admitted to the first year of nursery/pre-school from the academic year 2023-2024.
Vide circulars dated 13.12.2022 and 24.05.2023, the Director of Education prescribed June 1 of the academic year as the cut-off date by which the child who has attained the age of three years to be admitted to the first year of nursery/pre-school (Foundational Stage I) from the academic year 2023-2024.
The petitioner, one Krushav Amey Naique Prataprao Sardessai, who completed three years on June 10, filed a petition through his father Amey Sardessai also challenged the decisions rejecting his representations that his case be considered for admission to the first year of the nursery/pre-school even though the petitioner was born on 10.06.2020 and attained the age of three years only on 10.06.2023 -- that is ten days beyond the cut-off date prescribed in the circulars.
However, the High Court rejected the petitions.
“There is nothing arbitrary, irrational or unreasonable in fixing the cut-off age in the impugned circulars. Firstly, these are policy matters admitting a very minimal judicial review. Secondly, the State's explanation that this cut-off age has been prescribed to align with the age requirement under RTE 2009 or under the NEP 2020 offers sufficient rationale in support of the cut- off age requirement in the impugned circulars,” the High Court ruled.
“Based upon individual hardship that the petitioner might face or the petitioner apprehends he might face, the impugned cut-off age requirement cannot be interfered with or extended to 1" July of the academic year. Even by postponing the cut-off date to 1" July, there would be several students who would still fall on the wrong side of this cut-off date. Therefore, while individual hardships can be appreciated, the same cannot be the basis for striking down the impugned cut-off age requirement in the impugned circulars,” the High Court bench of Justices M S Sonak and Bharat Deshpande ruled.
The Advocate General defended the state’s decision and submitted that the decision as regards fixing a cut-off date was a policy decision based upon inputs from academic experts.
He told the court that the decision was taken in order that the academic schedule correspond to the requirement in RTE about a child being not less than six years old to secure admission in the first standard and that this decision was taken after considering that the academic year in most of the schools in the State of Goa generally commences from the month of June.
“The adoption of a cut-off date is indeed a matter of academic policy, and unless a case of arbitrariness, unreasonableness or non- application of mind is made out, the powers of judicial review would not be ordinarily exercised,” the High Court said.
“Thus, both on principle and precedents, no case is made out to strike down or modify the cut-off age requirement in the impugned circulars. The circumstance that some of the States have provided extended cut-off age is not a ground to attack the policy decision in the impugned circulars. Often there are different dates prescribed in different States for the commencement of the academic years. Such dates depend upon several factors peculiar to the State, including, but not restricted to, climatic conditions, topography, etc. No discrimination can be alleged based upon different criteria in a different State,” the High Court also said.
