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Forcing children below 3 years to go to pre-school is illegal: Gujarat High Court

The Court, therefore, rejected a contention by several parents (petitioners) that their children ought to be allowed admission to Class 1 early, since they had already completed their elementary education.

It noted that the RTE Act prohibits the admission of a child to a pre-school if the child has not completed 3 years of age as of June 1 of the relevant academic year.

“Three years ‘early childhood care and education’ in a pre-school prepares a child to take admission in 1st standard in a formal school. The children who are before us, have been admitted in a pre-school by their parents before completion of age of 3 years, prescribed minimum age for admission in a pre-school in the RTE,” the Bench observed.

Thus, it was held that the petitioners before the Court could not seek any leniency or indulgence, as they were violating the RTE Act, 2009 and the RTE Rules, 2012.

“Forcing children to go to a pre-school below the age of 3 years is an illegal act on the part of the parents who are petitioners before us. The contention that the children are school-ready as they have completed 3 years of elementary education in a preschool having been admitted in the Academic Session 2020-21, therefore, does not impress us at all.”

Source: Barandbench

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