Mother of student made to repeat grade wins High Court case

The mother of the student who was held back in play school in 2024 instead of being promoted to baby nursery citing an Education Ministry circular on admitting students into schools has won the case that was submitted to the High Court.

As per the ministry's circular, students in LKG in 2025 should be those that are 4 years of age and not yet 5 by December 2024.

The school refused to promote the student to baby nursery because the child's age would not fit this criteria defined in the circular, and as such, the promotion would not get authorization from the ministry.

The student's mother raised this concern with the Education Ministry, who responded that their decision could not be changed. With this, the mother filed a case at the Civil Court against the State.

The Civil Court, however, ruled that the Ministry's decision falls under powers granted to them via the Education Act. Hence they cannot issue an order against the ministry, the court said.

The mother then appealed the Civil Court ruling at the High Court, additionally seeking an interim order allowing the child to study in LKG until the case is concluded, with the interim order being granted.

The case was heard yesterday at the High Court, with the Civil Court's sentence being annulled. The sentence read that the State is to once again fairly assess the submitted assessments and facts regarding the students unique situation with the relevant ministry's professionals. The sentence also stated that the ministry is to once again come to a decision regarding the grade the student is supposed to be in.

Nevertheless, it has been determined that the State acted against the "legitimate expectation" regulation in promoting the child from one grade to the other, and that there are no legal grounds that confirms the right described in Article 36 of the Constitution being stripped.

The High Court's sentence states that even though Maldives cannot be considered a country that has progressed the most economically and otherwise, and is a nation that is relatively small compared to the rest of the world, Maldives has sharp-minded and capable children and people. The High Court also stated that even now, there are Maldivian children who are educationally capable across O level and other levels.

"The A level results prove this. And so, the court sees that as the State could not fulfil its educational obligations to bring the academic ability of children to the greatest of heights, the government provides special assistance to children who repeat grades to have them progress the academic ladder via the education system, and in this same manner to provide a path for children to reach the highest tiers within a learning system that maintains their sharp-mindedness and provides appropriate challenges to do so," as per the sentence.

The sentence reads that the State is to ensure a working system via the ministry for Maldivian children who are sharp-minded and may be too intellectually advanced for their age in reaching their full potential.

The High Court went on to say that instead of looking at tests being done by the parents of children, the ministry needs to determine a set of equal policies, frameworks and regulations for children who may be intellectually ahead and for their educational journey to catch up to their capabilities.

The sentence also reads that while it would take time to conduct research in establishing and arranging such a system, the State is to hastily carve a bright new path for the more academically inclined.

"While it is true that the entire system cannot be changed for one child in some cases, children who are more intellectually and academically gifted for their age need to be taken into account, and that a system that promotes the interests of such children should be in place in Maldives," as per the sentence.