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Delhi HC snubs school for violating Right to Education Act

Tuesday, April 06, 2010 02:33:38 AM, UNI

High Court to hear first petition under Right To Education: A class VI girl has moved the Delhi High Court against her schools decision which chose to expel her because she failed in her final examinations .....Read Full

Making right to education a reality

New Delhi: The Delhi High Court Monday directed a private school to take back its class VI student, whom they had expelled because she had failed in the exams, and warned them not to violate the Right to Education Act which prohibits expulsion of minors from school.

Lamenting the attitude of St Xavier's Senior Secondary School authorities, Justice Kailash Gambhir asked, ''How can you expel a minor student from school just because she has failed? You cannot ruin her future like this.'' Directing the school to allow 12-year-old Suman Bhati to resume her studies forthwith, the court said this was in utter violation of the provisions of the Delhi School Education Act, 1973 and The Right of Children to Free and Compulsory Education Act, 2009.

The court also issued notices to the Director of Education of Delhi Government and to the school to appear on May 11 and explain their stand in the matter.

The court orders came on a writ petition filed on Saturday under Article 226 of the Constitution by lawyers Ashok Agarwal and Ms Kusum on behalf of Bhati against St Xaviers Senior Secondary School for violating the child's fundamental rights as well as for violating the law of Right to Education and included the Director of Education, GNCT for failing to take action against the school in accordance with law to allow the girl to continue her studies in the school.

The petition has alleged that the action on the part of the school against the student for expelling her from the school on March 17, 2010 was "illegal, anti-child, arbitrary, unjust, punitive in nature, unethical discriminatory, unconstitutional, violative of the provisions of the Delhi School Education Act, 1973, The Right of Children to Free and Compulsory Education Act, 2009, Article 21 (right to life with dignity), Article 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India read with UN Convention on the Rights of the Child (1989).











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