COURT DIRECTS SCHOOL TO PROMOTE STUDENT
Justice N.Paul
Vasanthakumar passed the order while allowing a petition in which the detaining
of the boy was challenged. The petitioner, Ka.Kalaikottuthayam of Virugambakkam
stated that the detaining of his son, Tamil Prabhakarauthayam, in
Mr.Justice Paul Vasanthakumar said the action of the department in issuing a circular dated April 5, which was admittedly after the Right of Children to Free and Compulsory Education Act (RTE Act) came into force from April 1, was illegal. The same is declared invalid. Only by following the circular, the school took the impugned decision in detaining the boy for low marks in the annual examination.
When the circular had been declared invalid and the boy had established his right to get admission in Standard VII in terms of Sections 4 (Special provision for children not admitted to or who have not completed elementary education), 16 (Prohibition of holding back and expulsion) and 30 (Examination and completion certificate) of the Act, which prohibited detaining of any student in the same class, the school`s action was also illegal.
On the basis of the finding and in the light of Article 21 A of the Constitution as well as the provisions of the RTE Act, the school`s impugned order was being set aside, the Judge said, and directed the authorities to promote/admit the boy in Standard VII in the school forthwith.
As petitioner`s counsel had submitted that the petitioner was willing to apply for transfer certificate and counsel for the school had expressed willingness to issue the certificate, it was open to the petitioner to apply for it and get his son admitted to Standard VII in any other school of his choice.
If the TC
were to be issued to the boy on the petitioner`s voluntary request, the Judge
directed the school to issue it stating that the student had been promoted to
Standard VII.
