No students to be expelled due to short payment of fees

Students of elementary schools cannot be expelled or issued a transfer certificate based on their parents' misconduct or short payment of fees, said Karnataka High Court on Friday, July 12.

A child cannot be expelled or issued TC until the guardian of the ward wants so, reported TOI.

A petition was filed by parents of six students of CBSE school in North Bengaluru, who were issued TCs based on short payment of fees and parents’ misbehaviour.

The action of the school was condemned by court, calling it to be against the circular passed by the state government that prohibits schools from expelling children till the completion of elementary education, under Section 16 of RTE Act.

Justice S Sujatha quoted the judgments of the Supreme Court and high courts, private schools engaged in a public function like imparting education come under the jurisdiction of courts. She further said that if the RTE Act is applicable only for admissions under Section 12(1) (c) of the Act then the constitutional right guaranteed under Article 21-A will be defeated.

“The autonomy in admission enjoyed by the schools is subject to RTE Act and the same doesn’t confer on them unbridled power to issue transfer certificates without a request from parents,” the judge has added.

The judge also condemned the act of the parents and the violence, "The trauma caused to children will certainly leave an impact in the long run."

The court has also cautioned the petitioner-parents against any act that could bring down the morale of the staff and disturb the school atmosphere.

The court has asked school management to re-admit these six students, and also to subject to them paying 75% of the fees for 2018-19 and 75% of the first instalment of fees for the present academic year within seven days.