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Four-year-old can repeat class, says Delhi High Court

The parents said that she was not mentally prepared for the next class due to her delayed cognitive development, and required time to cope up

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The Delhi High Court (HC) has directed to retain a four-year-old student in lower kindergarten after the parents wanted their ward to be continue in the same class. The parents said that she was not mentally prepared for the next class due to her delayed cognitive development, and required time to cope up.

Justice Indermeet Kaur allowed the retention of Kiara Dhawan, who was a slow learner, according to the petition filed by her father Sandeep Dhawan.

According to the plea filed through advocate Ashok Agarwal, the child required more time to cope up with other children of her age, and promoting her to the next class would serve no purpose.

Earlier, the court had granted interim relief to the minor's parents'. However, it confirmed the order on Wednesday.

The plea had claimed that the minor was born three months before the due date and weighed just 850 gms on her birth. She had spent three months in intensive care and her physical development was hampered.

However, she had to be admitted in nursery in 2016-2017, when she was three, because of the Delhi government's regulations, as per which a child not more than three years was eligible for nursery admission.

The petitioner also said that during his daughter's entire academic year in nursery class in 2016-17, she was not able to cope up with the learning/education being imparted, and scored poorly in all the assessments throughout the year.

The class teacher called for repeated discussion to highlight this and it was tough for her, as well as for the parents, to help Kiara catch up with the pace.

The father said that he made repeated requests to the school for repetition of the academic session 2017-18. On January 5, the father wrote a letter to the Deputy Director of Education, Government of NCT of Delhi, requesting them to intervene in the matter but it went unanswered.

Hence, he approached the HC with his request where his claim was backed by the Delhi government, following which the court passed the retention order.

THE PLEA

  • She was not mentally prepared for the next class due to her delayed cognitive development
     
  • The plea had claimed that the minor was born three months before the due date and weighed just 850 gms on her birth. She had spent three months in intensive care and her physical development was hampered.

 

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