The Supreme Court has overturned the High Court judgment in the case where a student was not promoted from play school to baby nursery and repeated play school in compliance with a circular issued by the Ministry of Education in 2024 regarding student admissions to schools.
According to the criteria established by the Ministry of Education, children enrolled in LKG in the year 2024 must reach the age of four by December of that year and not be turned five years old.
The student, who was admitted to play school and studying prior to that ministry circular, was not transferred to baby nursery last year because the child did not meet that age requirement and the ministry did not grant permission. Therefore, when the child's mother submitted that complaint to the Ministry of Education and was informed that the decision could not be altered, the child's mother filed a lawsuit against the state in the Civil Court.
However, the Civil Court ruled that the circular issued by the ministry regarding student admissions to schools is a regulation formulated and published under the authority granted to the Ministry of Education by the Education Act. Therefore, the lower court determined that it could not issue orders or judgments in favor of any of the claims requested by the plaintiff.
When the child's mother appealed that judgment to the High Court, that court decided to overturn the Civil Court's judgment. In that judgment, the state was ordered to have the relevant technical experts of the ministry fairly re-evaluate the child's special circumstances and assessments submitted. It also determined that the ministry must make a new decision regarding the grade in which the child should currently be placed. However, rather than complying, the state appealed that judgment to the Supreme Court.
In the judgment issued in that case, the Supreme Court stated that the High Court had made its decision in a manner that undermines the authority granted by the People's Majlis to the ministry to determine educational policy. The Supreme Court also stated that while grades for young children in the Maldivian educational system are determined based on the child's age, the High Court's decision contradicted that principle.
The Supreme Court stated that while the Education Act clearly specifies that no child can be admitted to preschool until reaching four years of age, establishing a new standard to follow and instructing an executive body to enforce it falls outside the jurisdiction of the court.
Therefore, the higher court overturned that portion of the High Court's judgment.



