Medical Examination Of Student To Ascertain Age Unjustified When Authenticated Birth Certificate Is Produced: Allahabad HC Orders Admission To 'Age Appropriate Class'
The Allahabad High Court has quashed the decision of a Jawahar Navodaya Vidyalaya denying a minor girl admission suspecting her of exceeding the age criteria and subjecting her to a “wholly unjustified” medical examination, even as she had produced a birth certificate which was authenticated by the Court. The Court also directed that the child be admitted to a class appropriate to her, i.e. Class-VIII despite the fact that she has not studied in Classes-VI and VII.
The Court was hearing an appeal against the judgment of a Single Bench of the High Court denying relief to the minor girl. The original writ petition by her sought a direction to Jawahar Navodaya Vidyalaya School to admit her.
The Division Bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the Navodaya Vidyalaya's provision on medical examination to determine age "may be relevant and applicable in case the proof is other than what is provided under Section 14 of the Act wherein... it has been specifically provided that the age of the child shall be determined on the basis of birth certificate... The School at best could get the authenticity of the certificate checked."
The minor girl was represented by Advocate Ashutosh Diljun and the Union Government by ASGI Rajesh Tripathi.
The girl had applied to be admitted into Navodaya Vidyalaya. She supported her claim of age with a birth certificate, Aadhar card and vaccination certificate. She was selected to be admitted at one of the schools, but the Principal, raising suspicions about her age, sent her for medical examination. She was then denied admission based on the medical examiner's opinion that the minor girl was above 15 years, two years more than the maximum age limit prescribed.
It was argued on behalf of the child that Section 14 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) prescribes that “for the purposes of admission to elementary education, the age of a child shall be determined on the basis of the birth certificate… or on the basis of such other document, as may be prescribed.” It declares further that no child can be denied admission in a school for lack of age proof.
The minor girl submitted that she was entitled to be admitted in an age-appropriate class. Opposing the above submissions, it was argued that the brochure of the school allowed it to get the age of a candidate examined by a medical board and the declaration given by the board is considered final.
During the course of proceedings, the Court ordered the State counsel to have the minor girl’s birth certificate authenticated. Her certificate was proven to be genuine.
The Court recognised that the school’s brochure provided for medical examination in case of doubts about the age of a student, but stated that this was only relevant and applicable where the proof is other than what is provided under Section 14. If the proof provided is a birth certificate issued in accordance with the provisions of the Births, Deaths and Marriages Registration Act, 1886, the school could “at best get the authenticity of the certificate checked”, the Court said.
On the opinion of medical boards about age disputes, the Court stated that it is “also not accurate and is always given as an estimation only.” The Court concluded that subjecting the minor girl to medical examination was “wholly unjustified and in fact high handed and, therefore, the same cannot be sustained.”
The Court set aside the Single Bench’s judgment denying the minor girl relief. It directed the school to accord her admission in a class appropriate to her age, as the RTE Act prescribes in Section 4. The directions of the Court are to be complied with within two weeks.
Cause Title: Km Sakshi v. Govt. of India And Ors. [Neutral Citation: 2024:AHC:157585-DB]
Appearance:
Petitioner: Advocate Ashutosh Diljun
Respondent: ASGI Rajesh Tripathi
Click here to read/download Judgment
