These days, the Supreme Court issued word in a petition elevating the question of whether the Right of Children to Free and Compulsory Education Act, 2009 (Right to Education Act/ RTE Act) applies to colleges affiliated with International Education Boards.
The petition was filed by an 11-year-old boy difficult the choice of the Bombay High Court, which dismissed the petition.
The Petitioner is a pupil of Ajmera Global School in Mumbai, affiliated with the International General Certificate of Secondary Education (IGCSE) syllabus. He became detained in Class VI due to no longer securing the desired aggregate marks as prescribed by using the School. The Petitioner’s document card also contained some harsh feedback opposing him. Further, the School refused to issue a college leaving certificate to the Petitioner, effectively preventing him from seeking admission to another college and leading to a lack of one instructional 12 months.
The Petitioner’s case is that the Right to Education Act provides for a ‘no-detention coverage’ till Class VIII, and consequently, the faculty have to have now not detained him in Class VI.
The Bombay High Court brushed off the case with stern observations against the dad and mom. It had held that the parents also need to be answerable for a child’s failure, and the college on my own couldn’t be blamed. The High Court had additionally upheld the requirements and norms for the training set with the aid of the college due to it being affiliated with the IGCSE syllabus.
In a challenge to this order of the High Court, the Petitioner has submitted earlier than the Supreme Court that the RTE Act does now not distinguish among any medium or syllabus of training. Thus, being affiliated with a global syllabus would not prevent the college from being ruled via the provisions of the RTE Act. The petition also states that the High Court did not respect Section 16 of the Act, providing for the no-detention policy.
Alleging that the Respondent college held the Petitioner again for personal and commercial reasons, the petition also underscores that if relief isn’t granted inside the depend, the Petitioner will lose an academic year. Given the stigma connected, this lack of a year will adversely affect his future.
“if the impugned order is not set aside, the Petitioner stands to lose out on one educational yr; for this reason affecting his destiny in as much as a repeat of 365 days leaves a protracted stigma in destiny academic and process possibilities. In addition to the detention, the uncharitable feedback inside the document card can hurt the child of such tender age, and the Hon’ble High Court gravely erred in law in going towards the specific edict; of the Act.” The Bench of Justices AM Khanwilkar and Dinesh Maheshwari issued words in the count these days. The Petitioner became represented with the aid of advocates MF Philip and Purnima Krishna.
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