Maldives High Court Orders Nursery Student Be Promoted to LKG
In a closely followed education dispute, the Maldives High Court has issued an interim order directing that a child, previously held back due to age restrictions, be promoted to Lower Kindergarten (LKG) within 15 days. The child had been retained in nursery based on a Ministry of Education policy, despite having already completed play school the previous academic year.
A Parent's Battle Against Age-Based Promotion Rules
The dispute began when a preschool student, eligible for baby nursery based on the 2023 age criteria, was not promoted in 2024 because of a new circular issued by the Ministry of Education. According to the circular, students entering LKG this year must have turned four years old by December 31 of the previous year.
However, the child in question will only turn four in July 2025. Because of this, the school withheld the student’s promotion, citing the ministry’s strict adherence to age guidelines and the lack of authorization for any exceptions. The mother appealed to the ministry, but her request for reconsideration was denied, prompting her to take legal action.
Civil Court Upholds Ministry Policy, Parent Appeals to High Court
The mother filed a case at the Civil Court challenging the ministry’s decision. However, the Civil Court ruled that the Education Ministry’s decision was lawful under powers granted by the Education Act, and therefore could not be overturned by the court.
Undeterred, the mother appealed to the High Court and simultaneously requested an interim order to allow the child to begin LKG while the appeal is underway. She argued that withholding promotion would not only be an injustice to the child but could also make any future ruling difficult to implement, especially since the academic year had already started on April 7 and ends in December.
Assessments Show the Child Is Ahead of Peers
In support of her case, the mother presented psychological and medical assessments showing that the child is cognitively and socially more advanced than peers of the same age. The reports suggested that the child would benefit from more advanced learning material and that the delay in promotion was negatively impacting their development.
She also stressed that this policy does not only impact her child but also affects other children born shortly after the ministry’s cutoff date. Delays in the case could, she argued, jeopardize the child's future promotion to Upper Kindergarten (UKG) as well.
State Defends Age Criteria, Warns of Precedent
The State, in response, defended the Education Ministry’s reliance on age-based admission policies. It stated that promotion to LKG is not determined by developmental assessments but strictly by whether the child meets the age requirement of four years by March 31. Since the child will only reach that age in July, they argued there is no legal basis for an interim order.
Government lawyers also cautioned that allowing exceptions could set a precedent, opening the “floodgates” for similar appeals from parents whose children miss the age cutoff. They further noted that if the child were promoted now and the final ruling favored the State, moving the child back to nursery would be an even greater disruption.
Judges Split, Interim Relief Granted
The High Court panel, presided over by Judge Dheebanaaz Fahmy and supported by Judge Fathmath Farheeza, decided in favor of the mother, granting the interim order. However, the third judge on the panel, Judge Mohamed Niyaz, issued a dissenting opinion.
As a result, the school must now transfer the child to LKG within 15 days while the case continues to be heard.