Mother Wins Court Fight Against Education Ministry Over Nursery Transfer

A mother has won a High Court appeal against the Ministry of Education after challenging the grade placement of her child, who was required to repeat play school instead of progressing to baby nursery.

The child had been enrolled in play school before the ministry issued a circular setting age requirements for entry to lower kindergarten (LKG). Under the ministry’s policy for 2024, LKG is for children who turn four and are under five by December of that year.

According to the ruling, the child was not transferred to a baby nursery last year because the ministry did not give approval. After lodging a complaint with the ministry, the mother filed a lawsuit against the state in the Civil Court.

The Civil Court rejected her claim, finding that the ministry’s admission circular was a rule made public under powers granted by the Education Act, and concluded it could not issue orders on the remedies the mother sought.

The mother appealed and requested interim relief to allow the child to study in LKG while the case was pending. The High Court initially ordered that the child be transferred to LKG, but the state appealed to the Supreme Court, which quashed that interim decision. The child therefore remained in the grade set by the ministry.

In its final judgment delivered on Monday, the High Court quashed the Civil Court decision and ordered the state to re-evaluate the child’s “special circumstances” through relevant experts within the ministry. The court directed the ministry to make a fresh determination on the grade the child should attend in line with the ruling.

The High Court also held that the state acted in violation of the principle of “legitimate expectation” and restricted a right under Article 36 of the Constitution in transferring the child from one grade to another.

Beyond the individual case, the court said the education system should provide appropriate support for children whose abilities or circumstances may require different pathways. It urged the ministry to develop uniform policies, standards and procedures to assess children who may be more capable than their natural age, rather than relying solely on assessments arranged privately by parents.