The High Court of Delhi has observed that barring a student from taking board examinations on the ground of non-payment of fees is infringement of rights of a child as guaranteed under Article 21 of the Constitution.
The single bench of Justice Mini Pushkarna observed that a child’s future cannot be allowed to be spoiled by barring him or her from taking exams, especially at the crucial juncture of classes X & XII.
“Not allowing a student to take examinations, especially boards, would be an infringement of the rights of a child akin to the right to life as guaranteed under Article 21 of the Constitution. The Supreme Court has expanded the rights under the Article & education is certainly one of the important rights which would be encompassed under right to life,” said the Court in an order dated Jan 17.
It observed that in the context of Indian society, class X & XII board examinations are “important & critical, having decisive repercussions & bearing on the future of a student”.
The court was hearing the petition of a class X student who was struck off from the school due to non-payment of fees. His practical exams were scheduled for January 18. The court directed the school to allow the child to appear for the exams, issue the CBSE roll number to enable him to write the test & permit him to attend any classes that may be held for imparting education to students for the board examinations.
In the Order the Court said, “A child cannot be made to suffer & not be allowed to attend classes or barred from taking examinations in the middle of an academic session on the ground of non-payment of fees. Education is the foundation which shapes the future of a child & which, in turn, shapes the future of the society in general".
Noting that the child’s family is under financial stress, the court also directed them to pay an amount of Rs 30,000 to the school within a period of four weeks on account of dues payable towards the fees.
The Court said, “Article 21A of the Constitution of India provides for Right to Education, wherein the State has been ordained to provide free & compulsory education to all children of ages six to 14 years".
However, the Court also said that a private unaided school cannot be forced to continue with a child who is unable to pay fees, if the admission is in the general quota & not under the Economically Weaker Section (EWS) or Disadvantaged Group (DG) quota.
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