Chennai: The Madras High Court on Tuesday directed
a city private school to promote a student, who had been
detained in Standard VI for securing less than the stipulated
marks in the annual examination, in keeping with the Right To
Education (RTE) Act.
Holding as "illegal" an April 5 Tamil Nadu Government
circular, which was followed by the school to detain Tamil
Prabhakarauthayam, Justice N Paul Vasanthakumar citing Supreme
Court judgement held that after the Central act had come into
force from April 1, the state act should be treated as
repugnant in so far as it violated the former.
In the circular, the state Director of Matriculation
Schools had issued guidelines regarding the final results for
standards VI, VII, VIII, IX and XI.
It further laid down the procedure for getting approval
for the promotion list and said students who had failed in one
or two or three subjects would be permitted to write an
instant examination on June 7.
The Judge said the circular issued admittedly after the
RTE Act came into force was clearly illegal. He declared the
circular and the detention of the boy as "invalid".
The student, represented by his father, had established
his right to be admitted in Standard VII in terms of sections
4 (Special provision for children not admitted to or who have
not completed elementary education), 16 (Prohibition of
holding back and expulsion) and 30 (Examination and completion
certificate) of the Act which prohibited detaining any
student in the same class, the Judge said.
Setting aside the school`s impugned order on the basis of
the finding and in the light of Article 21 of the Constitution
as well as the provisions of the RTE Act, the Judge directed
that the boy be promoted forthwith.
The court made it clear that as the legislation prohibited
expulsion of a child from school, the institution could not
issue a transfer Certificate without the petitioner`s request.
If the TC were to be issued to the boy on the father`s
voluntary request, the school should issue it stating that the
student was promoted to Standard VII, the Judge said.