Madras HC directs promotion of failed Class VI student
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Last Updated: Tuesday, June 08, 2010, 23:25
  
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.

PTI


First Published: Tuesday, June 08, 2010, 23:25


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