The Allahabad High Court has quashed a decision made by Jawahar Navodaya Vidyalaya to deny admission to a minor girl, based on the school’s suspicion that she had exceeded the age limit. The school had subjected the girl to a medical examination to verify her age, despite her submitting a birth certificate authenticated by the Court. The Division Bench ordered that the girl be admitted to an “age-appropriate” class, specifically Class VIII, even though she had not attended Classes VI and VII.
Background of the Case : Admission Denied Due to Age Suspicions
The case arose when Jawahar Navodaya Vidyalaya denied admission to a minor girl, questioning her age and subjecting her to a medical examination. The girl had initially presented a birth certificate, along with an Aadhaar card and vaccination certificate, to support her application for admission. Despite these documents, the school’s principal suspected that the girl exceeded the age limit and arranged for a medical evaluation. The medical examiner’s opinion placed her age at over 15 years, which exceeded the school’s maximum age limit.
Petition Filed Against the School’s Decision
The girl, represented by Advocate Ashutosh Diljun, filed a writ petition challenging the school’s decision and seeking admission. The case was heard by a Division Bench comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar, after a Single Bench of the High Court had earlier denied relief to the girl.
During the proceedings, the State was ordered to authenticate the girl’s birth certificate. Once the certificate was confirmed to be genuine, the Court highlighted that the school’s reliance on medical examination was unwarranted in this instance, as the birth certificate was already a valid proof of age.
Birth Certificate Authentication Ordered and Section 14 of the Right to Education Act
The Court ruled that the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), particularly Section 14, make it clear that age should be determined based on the birth certificate or other prescribed documents. The Court highlighted that the school’s regulations, which allow for medical examination, are only applicable when the proof of age is not based on an authenticated birth certificate.
Furthermore, the Court noted that medical examinations to determine age are often estimates and cannot provide precise results. Subjecting the girl to such an examination when a valid birth certificate had been produced was deemed “wholly unjustified and high-handed.”
The Division Bench set aside the Single Bench’s earlier judgment and ordered Jawahar Navodaya Vidyalaya to admit the girl into a class appropriate to her age, as mandated under Section 4 of the RTE Act. The Court directed the school to comply with this order within two weeks.