Sending kids to preschool before three years of age is an illegal act by parents: HC

In an important ruling, the Gujarat High Court has declared that sending children to attend preschool before they reach the age of three is a violation of the law by parents. As per a TOI report, Chief Justice Sunita Agarwal and Justice N V Anjaria, expressed their disapproval of the practice while dismissing a series of petitions filed by parents.

The parents had sought admission for their children into Class 1, despite them not having reached the mandatory age of six years by June 1, 2023. This age requirement is outlined in both the amended Right to Education (RTE) Act and the guidelines of the New Education Policy.

Although the High Court dismissed these petitions last month, a copy of the court's order has only recently become available to the public.


The petitioning parents argued that since their children had attended preschool before turning three and spent three years there, they should be exempt from the minimum age requirement and allowed admission to primary school. However, the bench rejected this argument, stating, "Forcing children to go to a preschool before they turn three is an illegal act on the part of the petitioner parents. The contention that the children are school-ready as they have completed three years of elementary education in a preschool, therefore, does not impress us at all."

The court further clarified that the law explicitly forbids the admission of a child to preschool before reaching three years of age by June 1 of the academic year.

Notably, the RTE rules have been in effect in Gujarat since 2012, and a previous challenge to this provision was already dismissed by the High Court in 2013.

The court emphasized that parents with children who have not yet reached the age of six by June 1, 2023, cannot seek leniency or special treatment, as they are in violation of the RTE Rules of 2012, which align with the RTE Act of 2008.