Parents of six students cautioned against indulging in acts that would affect conducive atmosphere of school

No school can expel a child for short payment of the fees or misbehaviour of parents by issuing Transfer Certificates (TCs) without the request of the parents as it would go against the object of the right to compulsory education guaranteed under the Constitution, said the High Court of Karnataka.

Stating that the autonomy vested with admission, if any, exercised by unaided private schools shall be subject to the provisions of the RTE Act, 2009, the HC observed that, “Such autonomy shall not confer any unbridled power to expel the children pursuing elementary education by issuing TCs without the request of the parents. Section 16 of the RTE Act statutorily prohibits the school to expel children from a school till the completion of elementary education.”

Justice S. Sujatha passed the order while disposing of petitions filed by six students, between 4 and 13 years, and their parents, questioning the action of Vyasa International School, Vidyaranyapura, of expelling students as the parents had raised a voice against the ‘exorbitant’ fees demanded for the academic year 2018-19 and the lack of facilities/amenities provided by the school.

Caution to parents

At the same time, the HC did not appreciate the conduct of the respective fathers of the petitioner-students, more particularly one Padam Kumar, in the circumstance of the case.

Also, it directed the parents of six petitioner-students not to indulge in any derogatory act to bring down the morale of the staff and disturb the conducive atmosphere of the school.

“Instead of resolving the dispute amicably in the interest of the children, the parents are making allegations and counter allegations creating a volatile atmosphere finally hampering the smooth functioning of the school in imparting education. In the process, the young minds would be disturbed. The mental trauma caused to these children would certainly have an impact in the long run,” the Court observed.

Noticing that the parents of petitioner-students had not paid 75% of the fee (for the academic year 2018-19) fixed by the school in terms of an earlier order of the court, Justice Sujatha directed the school to re-admit six students subject to their parents making payment of last year’s pending fee as well as 75% of the the first instalment of fee for the academic year 2019-20 within seven days. The court also clarified that payment of fee would be subject to result of other petitions in which the parents have questioned school’s fee structure.