Parents approach HC as school refuses to promote, expels wards
15 May 2013 7:59 AM IST
Eight parents, whose wards were not promoted from Nursery to Class I despite clearing the annual exams with fair marks, have approached the Delhi High Court with the plea that their wards be allowed to attend class at the Senior Secondary School, Sadhu Vaswani Marg, Pusa Road, run by Delhi Tamil Education Association (DTEA).
The petition has alleged that the school arbitrarily and illegally did not promote their wards to the nextclass and their queries in this regard failed to get any response from the school.
The petitioners submitted that their wards having qualified the nursery exams in 2012-13, automatically stand promoted to the Class I in 2013-14.
However, the respondent school (DTEA Senior Secondary School) did not allow the wards of the petitioners to sit in class I and arbitrarily and illegally expelled them from the school.
The petition alleges inaction by the Directorate of Education (DoE), responsible for implementation of the provisions of Delhi School Education Act and rules framed under this Act and to ensure compliance of the same by the respondent school.
The petitioners have urged the court to direct the DoE to take appropriate action against the school in accordance with law and to ensure that their wards are allowed to attend the next higher class and continue their education in the school.
Ashok Agarwal, counsel for the petitioners said, ‘Action of the school, coupled with the inaction of the DoE, amounts to expelling the wards of the petitioners from the school illegally and in violation of provisions of the Delhi School Education Act and rules formed there under and the provisions of the Right of children to Free and Compulsory Education Act, 2009 and depriving them of their fundamental right to receive free and compulsory elementary education guaranteed to them under Article 21-A of the Constitution of India.’
The school runs classes from Nursery to XII and according to the petition, prior to 2013-14, all the children admitted in nursery classes were promoted to Class - I in the next year and were allowed to continue their studies up to Class-XII.
They said that the wards of some of the petitioners earlier admitted in nursery class prior to
2013-14 have been promoted to Class I and some of them are presently studying in the school.
The petition has alleged that the school arbitrarily and illegally did not promote their wards to the nextclass and their queries in this regard failed to get any response from the school.
The petitioners submitted that their wards having qualified the nursery exams in 2012-13, automatically stand promoted to the Class I in 2013-14.
However, the respondent school (DTEA Senior Secondary School) did not allow the wards of the petitioners to sit in class I and arbitrarily and illegally expelled them from the school.
The petition alleges inaction by the Directorate of Education (DoE), responsible for implementation of the provisions of Delhi School Education Act and rules framed under this Act and to ensure compliance of the same by the respondent school.
The petitioners have urged the court to direct the DoE to take appropriate action against the school in accordance with law and to ensure that their wards are allowed to attend the next higher class and continue their education in the school.
Ashok Agarwal, counsel for the petitioners said, ‘Action of the school, coupled with the inaction of the DoE, amounts to expelling the wards of the petitioners from the school illegally and in violation of provisions of the Delhi School Education Act and rules formed there under and the provisions of the Right of children to Free and Compulsory Education Act, 2009 and depriving them of their fundamental right to receive free and compulsory elementary education guaranteed to them under Article 21-A of the Constitution of India.’
The school runs classes from Nursery to XII and according to the petition, prior to 2013-14, all the children admitted in nursery classes were promoted to Class - I in the next year and were allowed to continue their studies up to Class-XII.
They said that the wards of some of the petitioners earlier admitted in nursery class prior to
2013-14 have been promoted to Class I and some of them are presently studying in the school.
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