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Synopsis

The Allahabad High Court recently set aside a previous judgment and directed a Jawahar Navodaya Vidyalaya to admit a student whose admission was wrongly denied due to a disputed age issue.

The bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar ordered Jawahar Navodaya Vidyalaya, Jagdishpur Gaura, Sant Kabir Nagar to accord admission to Km Sakshi in a class appropriate to her age.

Km Sakshi was denied admission after a medical board determined she was over the age limit for entry into Class VI. She moved the high court challenging the decision and contended that her actual age was consistent with the birth certificate she had submitted, which had been issued by the Gram Panchayat.

She initially filed a writ petition in November 2022 after her admission was rejected. Despite being selected on merit, her age was called into question by the school authorities, who referred her for medical evaluation. The Chief Medical Officer's report estimated that she was over 15 years old, which exceeded the age limit prescribed by the school’s regulations. Based on this medical opinion, her admission was revoked.

Km Sakshi’s counsel advocate Ashutosh Diljun, argued that under the Right of Children to Free and Compulsory Education Act (RTE) of 2009, a child’s age should be determined based on official documents like a birth certificate. Section 14 of the Act stipulates that a child’s age for school admission is to be established through documents such as a birth certificate, Aadhaar card, or vaccination records, all of which the petitioner had provided. They also highlighted that she had been denied admission based solely on a medical assessment, which they argued was unnecessary and irrelevant in light of the valid documentation presented.

The respondents, represented by Additional Solicitor General of India (ASGI) Rajesh Tripathi, defended the school’s actions, citing the provisions in the school’s admission brochure. According to the rules, in cases of doubt, a medical examination could be conducted to determine the student’s eligibility, and the findings of the medical board would be considered final.

The single judge bench of the high court on March 12, 2024, dismissed the initial writ petition.

Then, the student moved the high court by way of special appeal.

The division bench found that the school authorities had acted improperly by relying solely on the medical report and ignoring the valid birth certificate. Court emphasized that Section 14 of the RTE Act gives precedence to documentary evidence over medical assessments for determining age. Furthermore, it noted that the authenticity of the petitioner’s birth certificate had been independently verified and confirmed to be genuine.

Furthermore, court stressed that the opinion of the medical board is also not accurate and is always given as an estimation only.

Court also held that the action of the respondent in subjecting the student to medical examination was wholly unjustified and in fact high handed and, therefore, the same could not be sustained.

Moreover, during the appeal proceedings, it was revealed that Km Sakshi had not been able to attend any other school after her admission was denied, effectively losing two academic years. Court, referencing a previous judgment from the Bombay High Court, held that in cases where a student has been unjustly denied admission, they are entitled to be placed in an age-appropriate class.

Therefore, court allowed the petitioner’s appeal and set aside the earlier judgment. It directed the school to admit Km Sakshi into a class appropriate to her age, within two weeks.

Case Title: Km Sakshi Vs Govt Of India And 3 Others