The Gujarat High Court has ruled that it is illegal for parents to compel children under the age of three to attend preschool. This decision came in response to petitions challenging the state government's decision to set the minimum age for Class One admission at six years for the 2023-24 academic year.
A group of parents, whose children had not yet turned six by June 1, 2023, contested the state government's notification from January 31, 2020, which established the age limit for Class 1 admission in the 2023-24 academic year. They sought admission for children who had completed three years in preschool but were not yet six by June 1, 2023, arguing that denial of admission would violate their right to education.
The Gujarat High Court ruled that it is illegal for parents to compel children under three years old to attend preschool. The court stated that the petitioners were in violation of the Right to Education Rules (RTE), 2012, of the Right to Education Act, 2009. The court emphasised that the right to education, as conferred by Article 21A and Section 3 of the RTE Act, 2009, begins after a child reaches the age of six.
As per the New Education Policy 2020, children are supposed to be admitted at three years for nursery, four years for Lower Kindergarten (LKG), and five years for Upper Kindergarten (UKG), with Class 1 admission occurring at the age of six. However, reports suggest that some preschools in Gujarat and other areas still follow older admission criteria, admitting children as young as 2.5 years into nursery classes.