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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
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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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