Tashvi Kango Th. Her Father And ORS v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6155-2024 (O&M) Date of decision: 08.12.2025 Tashvi Kango and others ....Petitioners

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. R.K. Malik, Sr. Advocate with Mr. Anshul Labana, Advocate for the petitioners. Mr. Vikrant Pamboo, Addl. A.G., Haryana.

Ms. Kamaldeep Kaur, Advocate for respondent No.4. HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Article 226 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the letter dated 27.01.2023 (Annexure P-3) issued by respondent No.2 to direct all the Principals of Haryana Schools not to admit the students in Class-I whose age is less than 06 years and direction be issued to respondent No.4 to admit the petitioners in Class-I as the petitioners were admitted in Pre-School-I at the age of 03 years in Session 2022-23 as per Haryana Government Instructions dated 12.02.2019 (Annexure P-2).

2.

On 19.11.2025, the following order was passed by this Court:-

Learned counsel for the petitioners submits that on account of an interim order dated 19.03.2024, granted by a Coordinate Bench of this Court, the petitioners have passed consecutive two classes.

In view of the above, let a specific affidavit be filed by the department concerned, as to whether, admission of the petitioners can be regularized, in the light of Right to Education Act, 2009, which does not contain any provision regarding reversion. It shall also be clarified, whether the necessary amendments, in terms of the decision dated 03.04.2025, rendered by a Coordinate Bench in CWP6942-2025 (Deevisha Yadav and others Vs. State of Haryana and others), have been carved out? In the event, the direction (supra), has not been complied with, how much is required by the authorities concerned to complete the entire exercise, shall also be reflected in the said affidavit.

Adjourned to 08.12.2025.

To be shown in the urgent list.

It is made clear that, on the subsequent date of hearing, no request for adjournment would be entertained on behalf of either side.

3.

In compliance thereof, affidavit of Dr. Vivek Aggarwal, Director General Elementary Education, Haryana on behalf of respondent No.2, has been filed in the Court today, which is taken on record. Registry is directed to tag the same at an appropriate place. 4.

The relevant Para Nos.6 and 7 of the affidavit, reads as follows:-

6. That, in pursuance of order dated 19.11.2025, it is submitted here that in view of the peculiar facts and

circumstances of the present case, the petitioners/students have been granted admission in Class-I by the concerned School in this academic session as regular students as one time measure. That, the admission granted to the petitioners/students was not temporary or provisional. At present, the petitioners/students have been promoted in Second Division. The copy of the MIS report is annexed as Annexure R-4.

7. That it is also submitted that the principal approval to make necessary amendments in Haryana School Education Rules, 2003 for implementation in terms of decision dated 03.04.2025, rendered by a Coordinate Bench in CWP No. 6942 of 2025 titled Deevisha Yadav and others vs State of Haryana and others has been taken from the Hon'ble Chief Minister, Haryana, however, approval of the Council of Ministers is necessary to notify the necessary amendments. This matter would be taken up to in the upcoming Council of Ministers Meeting (CMM) and necessary amendments should be notified at the earliest. It is expected that the entire exercise may be completed within a period of three to four months which is a procedural time taken. Thereafter, further amendments in RTE Rules, 2011 shall be carried out.

5.

Learned Senior counsel for the petitioners submit that in the light of the affidavit dated 04.12.2025, filed on behalf of respondent No.2, the grievance raised by the petitioners in the present petition has been redressed and, therefore, the writ petition be disposed of having been rendered infructuous.

6.

Disposed of as having been rendered infructuous. (HARPREET SINGH BRAR) JUDGE 08.12.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No