ARTICLE AD BOX
The court directed the Central Board of Secondary Education and the school to admit the student to Class 9.
Observing that the right to education cannot be curtailed by imposing an age limit, the Madhya Pradesh High court allowed an 11-year-old boy with an impressive IQ and academic record to attend class 9 after his school refused to admit him due to his age.
Justice Vishal Mishra observed that “Right to Education cannot be curtailed by imposing a condition regarding age limit.”
“There are several instances which point out that if an underage child can perform exceptionally well and his understanding level is on a higher side, then the exceptional qualities of such student/candidates cannot be suppressed or overlooked merely on the ground of he being underage,” the court said.
The court directed the Central Board of Secondary Education and the school to admit the student to Class 9. The court also directed that the boy’s day to day activities be monitored by the principal of the institution and to appear before the medical board of three experts — including the psychiatrist and a counsellor to evaluate his IQ level.
The court said though the boy was under age “he has successfully passed from Class 1 to 8 with flying colours.”
“He is capable and is having extraordinary qualities and brilliant academic career. He has undergone the IQ test…wherein the Counselor’s remarks are found to be excellent,” the court said.
The boy was seeking provisional admission in the school where the academic session was already underway.
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The respondents argued that the state of Madhya Pradesh followed the National Education Policy, 2020, whose clause 4.1 deals with curriculum and pedagogy in schools, and prescribes a particular age limit. According to the policy the petitioner was “not fulfilling the age criteria and is under age, he cannot be given admission in Class IX.”
The court however observed this provision was “not mandatory in nature”.
“It has been formulated looking to the fact that the age limit has been prescribed looking to the overall development of the child/student. However, it does not speak of what is to be done in case when the student is exceptionally brilliant and is able to understand the pros and cons,” the court said.
The boy’s mother had approached the high court and submitted that from the inception of his studies, the petitioner was a bright student, always scoring excellent marks and demonstrating his extraordinary capacity to learn more.
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However, when he reached Class 9, he was not registered by authorities, who cited his age and asked to either amend his date of birth in the Transfer Certificate or to obtain TC from the school, upon which the petitioner’s mother made several representations.