 | SOCIAL JURIST
09.04.2011
To
Shri Arvinder Singh Lovely,
Education Minister,
Government of NCT of Delhi
Secretariat, I.P.Estate,
New Delhi-110002
Sub: Army Public School holding back Class II student Soyam Shastri in violation of
Section 16 of Right of Children to Free and Compulsory Education Act, 2009
Dear Sir,
It is brought to your notice that Master Soyam Shastri s/o Advocate Harinath Ram Nath r/o Plot No.317, House No.11, Sultanpur Farm, Mandi Road, New Delhi-30 (M-9312407463) has been studying in Army Public School, Shankar Vihar, Delhi Cantt-110010 (Phone 26153558). Master Soyam was a student of Class II in the academic year 2010-11 and was entitled to be promoted to class III in the academic year 2011-12 but the school has detained him in class II on the alleged ground of short of attendance.
The parents have received a letter dated 10.03.2011 on 15.03.2011 from the school principal interalia alleging that their ward Master Soyan Shastri a student of Class II A will not be permitted to appear in the final examinations as per CBSE rules Section 14 due to severe shortfall in attendance. The parents met the principal and explained him that Master Soyam was suffering from Dengue like illness from 15/09/2010 to 28/09/2010 and his absence from the class was for the medical reasons for which they has submitted medical certificate to the school with a request to grant him leave. The parents also submitted to the principal that Master Soyam had appeared in all the subject papers of final exams held on 5, 7, 9, 11 & 14 March 2011 except G.K. (Oral) held on 16 March 2011 as the class teacher prevented him to appear in the said paper. Moreover, Soyam was forced to sit in coordinator room till the exam was over.
However, the principal was adamant not to promote Master Soyam to class III in the academic year 2011-12. Due to it, Master Soyam is sitting idle at home since 01 April 2011 till date. Now the parents have approached me to help the student.
It is submitted that the action of the school in holding back Master Soyam in Class II is illegal, unjust, arbitrary, discriminatory, vindictive, anti-child, violative of the fundamental right to education as guaranteed under Articles 14 (right to equality), 21 (right to life with dignity) and 21-A (right to education) of the Constitution of India, hit by the provisions of Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 and is otherwise also bad in law.
Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 is reproduced as under –
"16. Prohibition of holding back and expulsion - No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education."
It is submitted that Master Soyam is legally entitled to be promoted to class III in the academic year 2011-2012. Master Soyam is undergoing mental agony and harassment due to sitting idle at home and not attending school. The school is also liable to pay to the student an adequate amount of compensation for the loss of studies, humiliation and mental harassment caused to the student.
You are, therefore, requested to immediately intervene in this matter and take appropriate action against the school with intimation to the undersigned.
With regards,
Ashok Agarwal, Advocate
Advisor, Social Jurist,
M-09811101923 |
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