Case Note & Summary
The petitioner, Dr. Vikas Motewar, father and natural guardian of Ms. Durva Motewar, filed a writ petition before the Bombay High Court seeking directions against the respondents, including the State of Maharashtra and Lokhandwala Foundation School (respondent no.3), an unaided minority institution. The petitioner sought to allow his daughter to continue her future education in the school by admitting her to 7th standard and to complete her studies and examinations of 4th and 6th standard. The background reveals that the petitioner admitted his daughter to the school from nursery class. When she was in 4th standard, she remained absent for three months during the second term, but the shortage of attendance was condoned and she was promoted to 6th standard for the academic year 2013-2014. During that academic year, she attended school from June to August but abruptly absented from 30th August 2013 as the petitioner had to go to his native place at Nanded due to family disputes. The family stayed there for about 7 months. In December 2013, the petitioner was asked to pay school fees of Rs.31,731/-, and he explained the family difficulties. However, on 24th January 2014, an email was sent to the petitioner intimating removal of Ms. Durva from the school register. The petitioner informed the school that his daughter was studying at home and capable of attending school. The legal issues considered were whether the removal of a student without prior notice and opportunity of hearing is justified, and whether the school can refuse re-admission on grounds of attendance shortage and fee default. The court analyzed that the school, being an unaided minority institution, has autonomy but must act fairly and in accordance with statutory provisions, particularly Section 17 of the Right of Children to Free and Compulsory Education Act, 2009, which prohibits expulsion of a child until completion of elementary education. The court held that removal from rolls without prior notice and opportunity of hearing violated principles of natural justice. The court directed the school to re-admit the student to 7th standard, condone the shortage of attendance, and allow her to complete her studies and appear for examinations. The petition was allowed with these directions.
Headnote
A) Education Law - Right to Education - Natural Guardian's Rights - The petitioner, father and natural guardian of a minor daughter, sought direction to allow her to continue education in respondent school - School had removed her name from rolls due to prolonged absence and non-payment of fees - Court held that removal without prior notice and opportunity of hearing violated principles of natural justice - Directed school to re-admit the student to 7th standard and allow her to complete studies (Paras 1-10). B) Education Law - Minority Institution - Autonomy - The respondent school is an unaided minority institution - While such institutions have autonomy in administration, they must act fairly and in accordance with statutory provisions - Removal of student without following due process is not permissible - School directed to condone shortage of attendance and permit student to appear for examinations (Paras 3-8). C) Education Law - Right of Children to Free and Compulsory Education Act, 2009 - Section 17 - Prohibition of expulsion - The Act prohibits expulsion of a child from school until completion of elementary education - Removal from rolls amounts to expulsion - School's action held contrary to Section 17 - Direction to re-admit and allow continuation of studies (Paras 5-9).
Issue of Consideration
Whether the removal of a student from the rolls of an unaided minority school without prior notice and opportunity of hearing is justified, and whether the school can refuse re-admission on grounds of attendance shortage and fee default.
Final Decision
The petition is allowed. The respondent school is directed to re-admit Ms. Durva Motewar to 7th standard, condone the shortage of attendance, and allow her to complete her studies and appear for examinations. The school is also directed to permit her to complete her studies and examinations of 4th and 6th standard as sought.
Law Points
- Natural guardian's right to education of child
- unaided minority institution's autonomy
- principles of natural justice
- right to hearing before removal from rolls
- condonation of attendance shortage
- fee default and removal
- Section 17 of Right of Children to Free and Compulsory Education Act
- 2009
