In a significant ruling, the Allahabad High Court has set aside a school’s denial of admission to a student, Km. Sakshi, based on a medically estimated age, despite the presence of valid official documents. The court emphasized that educational institutions must rely on birth certificates issued under statutory frameworks and not solely on medical assessments, particularly when such assessments are only estimates. The court termed the action of denying admission as “wholly unjustified” and “high-handed.”
Background of the Case:
Km. Sakshi, the appellant, sought admission to Class VI at Jawahar Navodaya Vidyalaya, Jagdishpur Gaura, Sant Kabir Nagar, for the academic session 2022-23. Her birth certificate, Aadhaar card, and vaccination records reflected her date of birth as January 25, 2011. After being successfully placed on the school’s merit list, she was admitted to the institution.
However, the school principal, suspecting that Sakshi was older than the permissible age limit, referred her to the Chief Medical Officer for an age determination test. The medical report concluded that she was over 15 years old, exceeding the maximum age limit for admission by two years. Based on this report, the school denied her admission, leading Sakshi to file a writ petition, which was dismissed by a Single Judge on March 12, 2024.
Unfazed, Sakshi appealed the decision, seeking admission based on her official documents.
Legal Issues Involved:
The case presented several important legal questions:
1. Interpretation of Section 14, Right to Education Act: Sakshi’s counsel argued that under Section 14 of the Right of Children to Free and Compulsory Education Act, 2009, her age should be determined based on her birth certificate, issued in accordance with the Births, Deaths and Marriages Registration Act, 1886. This provision supersedes medical reports, which are merely estimates and not precise age determinations.
2. Validity of School Procedures: The school’s decision was based on a provision in their brochure, allowing for age determination via a medical board. The respondents argued that the medical board’s decision was final.
3. Right to Age-Appropriate Education: With two academic years already lost, Sakshi argued she should be admitted to Class VIII, appropriate for her age under Section 4 of the Right to Education Act.
Court’s Observations and Decision:
A division bench comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar heard the appeal and passed the judgment on September 24, 2024. The court took issue with the reliance on the medical assessment, stating:
“The action of the respondent in subjecting the petitioner to medical examination was wholly unjustified and in fact high-handed.”
The court held that Section 14 of the Right of Children to Free and Compulsory Education Act, 2009 clearly mandates that age should be determined based on official birth records. In this case, the appellant’s birth certificate, issued by the Gram Panchayat, and other supporting documents were genuine and confirmed her date of birth as January 25, 2011. The court noted that the medical assessment was only an estimate and not conclusive proof of the appellant’s age.
The bench also pointed out that the Single Judge erred by dismissing Sakshi’s writ petition without addressing the validity of her birth documents. They stated that the dismissal was based on a prior case where the birth certificate was found to be deficient, a situation that was not comparable to the present case.
In conclusion, the court quashed the school’s decision and ordered the institution to admit Sakshi to an age-appropriate class in line with Section 4 of the Right to Education Act, despite her missing two years of schooling.
The court directed the respondents to admit Sakshi to Class VIII within two weeks of the order.
Case Details:
– Case Name: Km. Sakshi vs. Govt. of India & Ors.
– Case Number: Special Appeal Defective No. 445 of 2024
– Bench: Chief Justice Arun Bhansali and Hon’ble Justice Vikas Budhwar
– Appellant’s Counsel: Ashutosh Diljun
– Respondent’s Counsel: A.S.G.I., Rajesh Tripathi
