Age Criteria for School Admissions: Compliance Challenges and Legal Considerations

A parent today is deeply involved in mapping every stage of their child’s academic journey. Based on the age and personality of their child, they carefully optimize their selection of play schools offering the best range of cognitive exposure and this continues through their formal educative years, filtering to the finest school that can lay the foundation to guarantee their child a lifetime of lucrative options for success.

Taking a cue from the globally evolving parenting style, the government of India introduced the National Education Policy 2020 (“NEP”), marking a significant shift in the country’s approach to education. One of its key features is the emphasis on age-appropriate entry into formal schooling, aiming to ensure suitable learning experiences for young children.

While the underlining intention of the implementation of the NEP is to enhance the quality of education and ensure age-appropriate learning as per global standards, which in the long run can prove to be highly lucrative from an international perspective for our children, at present this shift has created havoc amongst schools, parents, and the education authorities. Whilst there have been various instances of students being asked to repeat the same class due to the age criterion, at the same time, the NEP age norms have not been adopted by various State governments. This inconsistency has left parents, schools, and legal guardians in a state of uncertainty and, in some cases, compelled them to seek judicial redress. Additionally, schools are also caught between compliance with State mandates and the need to safeguard the interests of students already admitted.

This article provides insights into the admission age set forth under the NEP, the rationale behind these changes, state-wise implementation, and implications for students and parents across the country.

The NEP is a comprehensive framework to reform the entire education system from pre-school to higher education. A significant provision under the NEP is the establishment of a uniform minimum age for admission to Grade/Class 1 at 6 years, which aligns with the Right of Children to Free and Compulsory Education Act, 2009 (“RTE Act”). It is imperative to note that the RTE Act also mandates age-appropriate education to ensure cognitive, social, emotional, and physical readiness for formal schooling.

The school education system has been restructured under the NEP from the 10+2 model to the 5+3+3+4 model, designed to align with the cognitive development stages of children.

5 Foundational stage – Starting with 5 years of activity-based learning and curriculum, divided into 2 parts, i.e. 3 years in pre-primary (Nursery, KG, UKG) and 2 years in primary (Grades/Classes 1-2). This stage covers children between ages of 3 to 8.

5+3 Preparatory stage – Next 3 years of education, covers children between ages 8 to 11 in Grades/ Classes 3-5, focusing on light textbook education, interactive learning and laying of the groundwork across subjects.

5+3+3 Middle stage – The next 3 years cover ages 11 to 14 in Grades/ Classes 6-8, with the introduction of subject teachers and discussion of abstract concepts across the sciences, mathematics, arts, social sciences and humanities.

5+3+3+4 Secondary stage - Lastly, 4 years of multidisciplinary studies, covering ages 14 to 18 across Grades/ Classes 9-12.  

Under the NEP, the minimum age for admission to Grade/ Class 1 is set at 6 years, to align with global best practices. The guidelines laid down under the NEP also complement the constitutional mandate under Article 21A of the Constitution, which guarantees the right to free and compulsory education for children aged 6 to 14 years.

Education is a subject under the Concurrent List of the Constitution, and therefore, each State is required to implement the guidelines issued under the NEP and prescribe to its rules/issue notifications.

Various States, such as Himachal Pradesh, West Bengal, Meghalaya, Odisha, Goa, Punjab, Haryana, Dadra and Nagar Haveli, Daman and Diu have implemented the age criteria/ notified a phased implementation plan and the implementation of the age criteria from the subsequent academic years, while also providing relaxations. However, certain other States, including the NCT of Delhi, are yet to provide clarity with respect to the adoption of the NEP age criteria guidelines. Further, implementation of the age criteria has sparked concerns across several States, with parents and schools requesting relaxations to ensure that children who have completed pre-school do not have to wait another year to start Grade/ Class 1.

Amidst the confusion, it must be noted that the age criteria under the NEP are about managing entry, not re-entry. Children already studying in Grade/ Class 1 or above shall not be affected by the age norms under NEP, as the age criteria will not have a retrospective effect on those already admitted to schools.

Himachal HC: Yes - for now

In a major relief for thousands of parents, the Himachal Pradesh High Court ruled that children under 6 years of age who have already completed pre-school cannot be denied admission to Grade/ Class 1 for the upcoming academic year. The Court pointed out the Central government’s recommendation of a phased rollout of the age criteria norms over a period of 2-3 years, under the NEP.

Karnataka HC: No class jumping before age 6 

In a case that echoes the concerns of many parents, the Karnataka High Court ruled that a child under 4 years cannot be admitted to LKG, upholding the State’s strict adherence to the NEP 2020 age norms. The Court emphasized that the revised policy under the NEP aims to align the Indian education system with global education standards and cannot be set aside just because one child may have to repeat a year and it was further stated that courts should not interfere in academic policy decisions unless there’s illegality, which was not found in the present case.

In order to overcome the implementational challenges, various State governments including Goa and Himachal Pradesh have prescribed the minimum age criteria for admission of children in Grades/ Classes prior to Grade/ Class 1 to ensure that the children attain the minimum criteria of 6 years by the time they are eligible to start Grade/ Class 1. To elaborate, the government of Himachal Pradesh has prescribed the age criteria of 3+ years for Nursery, 4+ years for LKG and 5+ years for UKG, with effect from 2024-25, and notified the implementation of age criteria of 6+ years for admission to Grade 1 from academic session 2027-28 onwards.

Similarly, the government of Karnataka has also provided relaxations for the age criteria for students seeking admission to Grade/ Class 1 from 6 years to 5 years 5 months. Additionally, various government-run schools and private schools, including the Kendriya Vidyalayas have issued guidelines for admissions and adopted the 6-year minimum age criterion, setting a precedent for other schools to suo motu implement the revised age criterion prescribed under the NEP.

Further, various schools, including schools following international curricula, have introduced new grades between UKG and Grade/ Class 1, for students unable to qualify to be promoted to Grade/Class 1 in accordance with the 6-year age criteria. This enables the parent to take comfort in the fact that their child is not “repeating” a year and optimal education quality is being provided.

The age criteria for school admissions prescribed under the NEP represent the alignment of the Indian education system with the global developments in education and Goal 4 (SDG4) of the 2030 Agenda for Sustainable Development that was adopted by India in 2015. Scientific studies have time and again indicated that children become ready to start formal education after the age of 6, which is why formal education of children in developed countries began at the age of 6 or more.

For schools, understanding these rules is imperative for staying legally compliant and ensuring effective implementation. Although the transition may pose operational and emotional challenges for parents and schools, especially in cases where students fall short of the new cut-off, the overarching intent remains rooted in child welfare and long-term developmental benefits.

If you are unsure about how these changes apply to your school and/or child, consulting with legal professionals specializing in educational advisories can provide you with better clarity and preparedness.

About the authors: Tania Ahlawat is a Co-Managing Partner, Apoorv Shishodia and Aashima Gusain are Associates at Ahlawat & Associates.

This article is intended solely for informational purposes and does not constitute legal advice.

Disclaimer: The opinions expressed in this article are those of the author(s). The opinions presented do not necessarily reflect the views of Bar & Bench.

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