A School cannot stop a student from appearing in an exam for non-payment of fees by the parent, the Sessions Court in Rewari has ruled while hearing a plea filed by 2 siblings studying at a private institution against school-leaving certificates (SLCs) being denied to them.
The Court also observed that a school cannot be allowed to spoil the future of a student on such grounds & withhold a student’s registration or SLC.
Deepanshu (14), a Class 10 student, & his sister Deepika (13), a Class 8 student, were studying at GD Goenka Public School, Rewari, for the last four years. This year, both students took admission elsewhere. They told the Court their former school refused to give SLCs & Deepanshu’s board registration papers over non-payment of fees. Registration for the Class 10 Boards is done in Class 9.
Kailash Chand, the students’ lawyer, said the siblings reached out to the education department & other government authorities after they were unable to get the documents from the school, but failed to get any relief.
Chand said, “The students then filed a petition before the Rewari court on May 23".
Chand added that “The parent of the minors argued that the school was charging fees illegally in violation of the Haryana Education Rules, 2003. The school didn’t issue the documents on the grounds of non-payment of fee".
The case first came up for hearing before civil judge (senior division) Ritu Yadav, who passed an order on August 18 in favour of the students & directed the school to provide the students’ SLCs & Deepanshu’s board exam registration number.
The School challenged the order in the Sessions Court on Aug 25.
Additional district judge Raj Kumar Jain said education of children shouldn’t be hampered due to the acts of either party. In the order dated August 30, the court observed, “Right to education is a fundamental right & no school can hold the necessary documents related to the education of the child on the ground of non-payment of arrears of school fee.”
The Court stressed students’ future is at stake. “The school can’t be
allowed to spoil the future of the student merely on the ground that
parents have not paid the school fee arrears. On non-payment, the school
can’t withhold the school leaving certificate & registration of
students. At most, it can recover the arrears of school fee by filing a
civil suit for recovery in the appropriate court of law,” it observed,
ordering the school to issue SLCs to both students & also issue
Deepanshu’s Class 10 board registration papers.
GD Goenka Public School told the court they are legally entitled to
receive the dues. “We didn’t make any illegal demands for the fee. We
respect the court order,” said PK Vats, the lawyer for the School.
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(With input from news agency language)
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