The Delhi High Court has observed that a child who has not attained the age of 14 years cannot be rusticated under the Delhi School Education Rules, 1973.

Justice Jasmeet Singh directed the Delhi Public School to allow a 13-and-a-half-year-old Economically Weaker Section (EWS) student to resume her Class VIII education.

The Court passed the interim order while dealing with a plea filed by the minor through her mother, challenging the action allegedly taken by the school in question, after she remained absent from school and missed an exam.

The Court noted that the student had been studying at the school since 2016 and was presently a Class VIII student belonging to the Economically Weaker Section (EWS) category.

It was the student's case that she had not attended school on July 06 and had also missed an examination scheduled for that day after being persuaded by two Class XI students.

It was contended that the next day, the student and her mother were called to the school, where the mother was allegedly asked to collect the student's Transfer Certificate. Upon repeated requests, it was submitted, that the mother was orally informed that the student could not attend school for one month, after which her case would be considered.

The minor claimed that she had effectively been rusticated from the school, in violation of Rules 35 and 37 of the Delhi School Education Rules, 1973.

The plea thus sought to restrain the school from striking off the minor's name from the school rolls, from giving effect to any Transfer Certificate prepared or issued without the consent of the mother, from compelling withdrawal of her name or otherwise discontinuing or excluding her from the School.

It further sought a direction on the school to ensure that the period during which the student was prevented from attending School is not treated as voluntary absence and is not counted adversely against her for attendance, academic progression or any other purpose.

Granting interim relief to the student, Justice Singh noted that Rule 37(1)(b) of the Rules specifically provides for disciplinary measures such as fine, expulsion and rustication in respect of students who have attained the age of 14 years.

“In the present case, the petitioner has only attained the age of thirteen and a half years,” the Court observed, observing that the action attributed to the school was prima facie contrary to the express stipulation contained in the Rules.

The Court also took note of the student's status as an EWS student and her entitlement to continue her education under the Right of Children to Free and Compulsory Education Act, 2009.

Justice Singh held that the student had made out a prima facie case in her favour and that denying her the opportunity to continue her education would violate a valuable right and could result in an “unsubstantiated/illegal action” being validated at the cost of the child's education.

Accordingly, the Court directed that until the next date of hearing, the student shall be permitted to continue her education in Class VIII at the school.

The Delhi Government's Directorate of Education has also been directed to ensure compliance with the order, keeping in view the best interest of the child.

The matter has now been listed for further hearing on October 14.

Title: MS. AKHTA KHAN THROUGH HER MOTHER ANJUM KHAN v. DIRECTORATE OF EDUCATION & ANR

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