The High Court of Kerala directed Vidyodaya School, Thevakkal, to promote a Class VI student to Class VII.
The mother of the student approached the court against the stand of the school authorities that her son could not be promoted to Class VII in the academic year 2015-16 because his performance in Class VI was not satisfactory.
The school relied on the norms/guidelines issued by the Central Board of Secondary Education with regard to the assessment of academic standards, to contend that the petitioner’s son did not match up to the requirements in his academic performance and therefore cannot be promoted to Class VII.
Right of children
The petitioner approached the court for a directive to the school to promote her son relying on the provisions of the Right of Children to Free and Compulsory Education Act, 2009. She also argued that the school was statutorily obliged to promote her son to the next higher standard, corresponding to his age and continues to do so every year till he attains 14 years of age, without subjecting him to any screening procedure of detaining him in any particular class for any reason whatsoever.
Directives to school
Allowing the writ petition, Justice A.K. Jayasankaran Nambiar directed the school to promote the petitioner’s son to Class VII in the school for pursuing elementary education in the school during the academic year 2015-16.
The court further directed the school authorities to do the needful in ensuring that the petitioner’s son enrols as a student of Class VII in the school and pursues his elementary education in the said school during 2015-16 and thereafter till he attains the age of 14 years.
The relies on Right of Children to Free and Compulsory Education Act, 2009
