Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6948 WP No. 4636 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 4636 OF 2025 (EDN-RES) BETWEEN:
PRASIDDHI SINGH, AGED ABOUT 5 YEARS, REPRESENTED BY HER FATHER AND NATURAL GUARDIAN SRI. PANKAJ KUMAR NO.62, VIDYA BHAVAN, 2ND CROSS, 2ND PHASE, NEAR NARAYANA E TECHNO SCHOOL, SUNNY LAYOUT, MANGONDANAHALLI, BENGALURU 560 036 …PETITIONER (BY SRI. BIJOY M T.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PRIMARY AND HIGHER EDUCATION, VIKASA SOUDHA, BENGALURU 560 001
2.
THE COMMISSIONER, DEPARTMENT OF PUBLIC EDUCATION, NRUPATUNGA ROAD, BENGALURU 560 001
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:6948 WP No. 4636 of 2025
3.
THE DIRECTOR PRIMARY AND HIGHER EDUCATION, DEPARTMENT OF PUBLIC EDUCATION, M.S. BUILDING, BENGALURU 560 001.
4.
THE PRINCIPAL, NATIONAL PUBLIC SCHOOL, KALKERE, BENGALURU 560 083 …RESPONDENTS (BY SRI. MAMATHA SHETTY, AGA)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO GIVE ADMISSION TO THE PETITIONER TO FIRST STANDARD FOR THE ACADEMIC YEAR 2025-26 WITHOUT INSISTING ON COMPLIANCE THE RESPONDENTS NORMS AS A SPECIAL CASE ON HUMANITARIAN GROUNDS AND EXCELLENCE AND PROFICIENCY OF THE PETITIONER AS PER ANNEXURE-C PROGRESS REPORT ISSUED BY THE R-4 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER Heard Mr.Bijoy M.T., learned counsel appearing for the petitioner and Smt.Mamatha Shetty, learned Additional Government Advocate for the State.
2. The petitioner is a minor child, represented by her natural guardian father seeking admission into the 1st
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NC: 2025:KHC:6948 WP No. 4636 of 2025
Standard for the academic year 2025-2026 at respondent No.4- school.
3. Petitioner was born on 13.06.2019 and is studying in the respondent No.4-school in Kindergarten II for the academic year 2024-25. It is submitted that the petitioner is having excellent academic performance and her progress card issued by the respondent No.4 clearly indicates that the petitioner is a child with proficiency and excellence. The respondent No.4-the Principal of the school, has denied admission on the ground that as per the government notification, the child must have completed 6 years as of June 1st academic year.
4. It is contended by the petitioner that the child falls short of the requirement by only a few days, making strict enforcement irrational and unjust. The government
order indicates that the child who takes admission for Ist standard should have completed six years as on 1st June of the academic year. The petitioner, having been born on 13.06.2019 did not fulfill the criteria of completion of six
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NC: 2025:KHC:6948 WP No. 4636 of 2025
years and as such, the petitioner was denied promotion to the Ist standard. The norms fixed by the government in fixing the age of completion of six years is considering the children are mentally and physically ready to start formal schooling. It is necessary for the school to follow the age criteria set by the authorities. Even a minor deviation will lead to a situation in the standardized admission process. The proper remedy would have been a challenge of government circular not on individual relaxation, a plea on humanitarian ground, excellence and proficiency. There is no infirmity in refusing to give admission to the petitioner to the first standard. Accordingly, writ petition is dismissed.
Sd/- ________________________ JUSTICE K.S. HEMALEKHA
SS List No.: 1 Sl No.: 21 CT:SNN