Telangana HC Directs School To Promote Student Disallowed To Attend Classes As Father Could Not Pay Fee Due To COVID To Standard IV

The Telangana High Court in a case wherein a Class III student was not permitted to attend classes on account that his father could not pay fee due to COVID, has directed the school to promote him to Class IV.

A Division Bench comprising Chief Justice Alok Aradhe and Justice T. Vinod Kumar observed, “In view of the aforesaid submission made on behalf of the School, it is directed that the student shall be promoted to Class-IV in the School and shall be permitted to prosecute his studies. We may hasten to clarify that this direction shall not be treated as a precedent, as the same is based on the concession which has been given by the learned counsel for the appellant in the peculiar facts of the case.”

The Bench in view of the enunciation of law by the Constitution Bench of the Supreme Court held that the provisions of the Right of Children to Free and Compulsory Education Act, 2009 do not apply to the Minority Unaided Educational Institutions.

Advocate Ch. Samson appeared on behalf of the appellant while Government Pleader Adhi Venkateshwara Rao and Advocate Ali Faraz Farooqui appeared on behalf of the respondents.

Brief Facts -

The respondent No.1 who was represented by his father (hereinafter referred to as, ‘the student’), was a student of Class-III in the Little Flower High School and according to him, due to onset of the COVID pandemic his father could not pay the school fee and hence he was not permitted to attend the online classes of Class-III by the School. Thereafter, the student was not permitted to appear for the final examination of Class-III and being aggrieved by the action of the said school in not promoting the student, his father filed a complaint before the Telangana State Human Rights Commission.

The Commission communicated the matter to the District Educational Officer to take action and to submit a report. However, the notice failed to evolve any response from the school and thereupon, a reminder was issued by the Deputy Educational Officer. The Deputy Educational Officer concluded that the school submitted irrelevant answers not justiciable as per the rules and hence the proceedings were issued stating that the provisions of the Act are applicable to all the schools aggrieved by which the school assailed the order by approaching the High Court.

The High Court in view of the facts and circumstances of the case noted, “In the instant case, the student was studying in Class-III. It is the case of the student that on account of 8 onset of the COVID pandemic his father could not pay the fee to the School and therefore he was denied permission to attend the online classes. Therefore, he did not comply with the minimum requirement of attendance and was denied promotion to Class-IV.”

The Court said that when a query was made to the counsel for the appellant, he fairly stated that in peculiar facts of the case, as a one-time measure, the student shall be admitted to Class-IV.

“Learned Single Judge by a common order decided both the aforesaid writ petitions jointly and dismissed the writ petition preferred by the School and has allowed the writ petition filed by the student directing the School to promote the student to Class-IV forthwith”, also noted the Court.

Accordingly, the Court disposed of the writ appeals and set aside the common order passed by the Single Judge.

Cause Title- Little Flower High School v. Gowtham Sagar

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