Shimla, Oct 18,
The Himachal Pradesh High Court has ruled the State to admit students who are under the age of 6 but have already completed pre-school education to Class 1 for the academic session 2024-25. A division bench of Justice Rajiv Shakdher, Chief Justice and Justice Satyen Vaidya, Judge directed that the State Government cannot implement the National Education Policy (NEP) 2020 abruptly and must do so in a phased manner.
” We, thus, allow the prayers made in the petitions to the extent that the 2nd and 3rd respondents shall be under mandate to implement the NEP-2020 in a phased manner as suggested vide communication dated 31.3.2021 issued by the Union of India and further those students who are under the age of 6 years and have already completed pre-school educational curriculum will not be denied admission to Class-1st for academic session 2024-25, ” directed the court.
This is a significant victory for parents who were concerned about the impact of the NEP on their children’s education. The NEP requires students to be 6 years old on or before 31st March of the academic year in which they seek admission to Class 1. This means that many children who are already enrolled in pre-school programs would have to repeat a year of school.
The court held that the State Government’s decision to implement the NEP abruptly was arbitrary and irrational. It pointed out that the NEP itself provides for a phased implementation of the policy. The court also noted that the State Government had not yet established the necessary infrastructure or trained the required teachers to implement the NEP effectively.
” No doubt, State Government is within its jurisdiction to implement the NEP 2020, however, in light of what has been noticed above, we have no hesitation to say that neither the entire NEP 2020 nor any other provisions of law mandate the State Government to implement the NEP 2020 tersely,” noted the ourt in a order. Adding,” Rather, there are clear directions to do it in a phased manner. Because the State Government has not done so till 24.11.2023, it does not get a valid reason to do so abruptly. Once it has taken a conscious decision to implement NEP 2020 as late as in November, 2023, as is disclosed from the communication dated 24.11.2023, the manner in which the policy is sought to be implemented is clearly arbitrary, irrational and inequitable.”
In its judgment, the court directed the State Government to implement the NEP in a phased manner, similar to the approach taken by other states and union territories. It also ordered the State to admit students who are under the age of 6 but have completed pre-school education to Class 1 for the academic session 2024-25.
The court’s decision is a landmark ruling that will benefit thousands of children in Himachal Pradesh. It also sends a message to the State Government that it must implement policies in a fair and equitable manner.
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