Completing Class 8 After Age 14 Not Illegal Under RTE Act: HP High Court
The Himachal Pradesh High Court dismissed a writ petition challenging the appointment of a Part-Time Multi Task Worker, clarifying that the Right of Children to Free and Compulsory Education Act, 2009 ensures free education for children aged six to fourteen but does not prohibit a person above that age from continuing schooling.The Court further noted that the certificate had been verified by...
The Himachal Pradesh High Court dismissed a writ petition challenging the appointment of a Part-Time Multi Task Worker, clarifying that the Right of Children to Free and Compulsory Education Act, 2009 ensures free education for children aged six to fourteen but does not prohibit a person above that age from continuing schooling.
The Court further noted that the certificate had been verified by the concerned authorities and there was no reason to doubt its authenticity.
Justice Ajay Mohan Goel clarified that: “The Right of Children to Free and Compulsory Education Act, 2009 has been enacted to provide for free and compulsory education to all children of the age of six to fourteen years… However, a close perusal of the provisions of this Act demonstrates that there is no statutory bar that a person above the age of fourteen years is not to be admitted to any School… in Class 8th.”
Background:
The petitioner, Pankaj Chauhan challenged the appointment of the respondent as Part-Time Multi Task Worker at Government Primary School in District Sirmaur.
The petitioner contended that the respondent, earlier failed in Class 8 and later obtained another Class 8 certificate from a private school after crossing the age of fourteen, which he alleged was contrary to the provisions of the RTE Act.
An appeal was filed by the petitioner under Part Time Multi Task Workers Scheme, 2020, which was however rejected by the first appellate on the ground that nothing material was found in the grounds of appeal.
Then he filed an appeal before the Director of School Education which was also rejected. Aggrieved he filed a petition before the High Court, contending that the certificate upon which the selected candidate relied was illegal because he had completed Class 8 after the age of fourteen.
Case Name: Pankaj Chauhan & others v/s State of H.P. & Other.
Case No.: CWP No.20062 of 2025
Date of Decision: 27.02.2026
For the Petitioner: Mr. Hirdaya Ram, Advocate
For the Respondents: Mr. Rajat Chauhan, Assistant Advocate General.