Telangana HC Comes To Aid Of Class III Student Not Permitted To Appear For Exams Due To Non-Payment Of Fee, Asks School To Promote Him To Class IV

In a unique case, the Telangana High Court has directed a private school in Hyderabad to promote a student of class III to class IV. The student was earlier detained in Class III as he was not permitted to attend the classes due to non-payment of fee and later also not allowed to take the final exams of Class III.However, the division bench Chief Justice Alok Aradhe and Justice T. Vinod Kumar in the order also made it clear that "this direction shall not be treated as a precedent", as the same was based on the concession given by the counsel for the school in the peculiar facts of the case.“You accommodate the child in this case in the 4th grade. We will say it shall not be taken as precedent. Be magnanimous enough, peculiar facts ... COVID comes... it won’t come next year. You are a mighty institution; this is one child, and we don’t want him to grow up in litigation. Have a humanitarian approach,” the court earlier told the school during the hearing of an appeal filed by the school.A single bench also had earlier directed the school to promote the student to class IV. The same was challenged by the school. The legal question before the court was whether the provisions of the Right of Children to Free and Compulsory Education Act, 2009 apply to the Minority Unaided Educational Institutions.The Class III student from the Little Flower High School, a reputed school of Hyderabad, who was being represented by his father, told the court that he could not pay the school fee in time due to COVID-19, because of which he was not allowed to attend online classes and write any midterm tests. Later, the fee was paid; however, the student was not allowed to write the final exams. A complaint was filed before Telangana State Human Rights Commission, which directed the authorities to take action and submit a report. The District Educational Officer asked the Deputy Educational Officer to submit a report in relation to the complaint. A first show cause notice was issued in 2022 to the Little Flower High School, as to why the student was detained in class III, in violation of the Act. The notice did not invoke any reaction from the school so a follow up notice was sent in the same year, to which the school replied.The school took a stand that the Act does not apply to minority unaided schools. The Deputy Educational Officer filed a report stating that the reasons assigned by the school could not be accepted, were irrelevant and not reasonable. The District Educational Officer asked the school to promote the student as per section 16 of the Act. The school challenged the order by way of Writ Petition, which was dismissed. The student also filed a petition, challenging the action of the school in not implementing the order.The school argued that the legal issue is no longer res integra and is answered by a Constitution Bench of the Supreme Court in Pramati Educational & Cultural Trust v. Union of India. It was further contended they do not have any problem with the child continuing in the school, as long as he was willing to repeat class III again. The counsel contended that for almost 1 and a half year, the child did not attend classes, and in such a circumstance, it would not be advisable to promote the child to class IV without fulfilling minimum requirement of attendance.The bench, while taking a sympathetic view, during the hearing on August 02, said: “We want you to make a statement regarding these peculiar facts, law is in your favour, correct, but against whom are you fighting?”The counsel on behalf of the school, Ch Samson Babu submitted that if the student could give a written representation, he would ask the school to consider it. Senior Counsel L. Ravichander, who was appearing before the Bench for another matter, at this time interjected stating that he has represented the school before and could talk to the management of the School, on behalf of the court.“With your intervention, we are hopeful,” the bench said. Senior Counsel L. Ravichander later informed the court that the management had agreed to admit the student into the Class IV.With regard to the legal issue, the court said: "... the issue involved in these appeals has to be answered by stating that the provisions of the Act do not apply to the Minority Unaided Educational Institutions."Counsel for Student: Ali Faraz FarooquiCounsel for Little Flower High School: Ch Samson BabuG.P for School Education Department: Adhi Venkateshwara RaoTitle: Little Flower High School vs. State of TelanganaCitation: 2023 LiveLaw (Tel) 34Click Here To Download Judgment

Telangana HC Comes To Aid Of Class III Student Not Permitted To Appear For Exams Due To Non-Payment Of Fee, Asks School To Promote Him To Class IV

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