Do Not Force Children To Pursue Subjects Against Their Capabilities And Wishes, Calcutta HC 'Cautions' Parents [Read Judgment]

ashok kini

9 Jan 2019 9:18 AM GMT

  • Do Not Force Children To Pursue Subjects Against Their Capabilities And Wishes, Calcutta HC Cautions Parents [Read Judgment]

    "I am of the view that the schools should counsel the students during/after class X with regard to the subjects they are fit to pursue in class XI and XII and the parents of the children should go with the advice of the school keeping in mind the ability of the children."

    The Calcutta High Court in a recent judgment observed that parents should not force their children to pursue subjects without taking into consideration their capabilities and wishes.While disposing of a plea by a student seeking a direction to the Board to allow him to take class XII examinations, Justice Shekhar B. Saraf observed: "I would also like to add a word of caution to parents who...

    The Calcutta High Court in a recent judgment observed that parents should not force their children to pursue subjects without taking into consideration their capabilities and wishes.

    While disposing of a plea by a student seeking a direction to the Board to allow him to take class XII examinations, Justice Shekhar B. Saraf observed: "I would also like to add a word of caution to parents who insist on their children pursuing subjects of the choice of the parents without taking into consideration the capabilities and wishes of the child. It is seen very often that children are forced to undertake subjects in classes XI and XII solely based on the wishes of the parents."

    In this case, the student did not pass in three subjects of Class XA and was wrongly promoted by the school authorities. Though he continued in Class XII, the school refused to register his name for the class XII Board Examinations on coming to know of such an error. The student then approached the High Court seeking a direction to the Board to allow him to take Class XII exams.

    Refusing any such relief, the court observed: "Allowing even one student to bypass the rules and regulations would not only undermine the rules and regulations established by the Board but also create confusion in the minds of other students who put in great efforts to secure pass marks so that they are promoted. .. It is to be noted that the students and their parents choose to put their children in schools affiliated with certain Boards and are accordingly presumed to know the rules and regulations of the particular Board. Ignorance of the rules and regulations cannot be an excuse and cannot lead to Writs being issued in their favour against the Board."

    The court, however, directed the direct the student to sit for the class XI final examination once again to be held in February/March this year. The court added that the Board shall register him and allow him to sit in class XII Board examinations next year if he clears the Class XI exams.

    While disposing of the plea, the Judge added: "The present case before me is a classic example where the student is obviously weak in the science stream subjects he has undertaken in classes XI and XII. I am of the view that the schools should counsel the students during/after class X with regard to the subjects they are fit to pursue in class XI and XII and the parents of the children should go with the advice of the school keeping in mind the ability of the children." 

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