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LATEST NEWS UPDATES | Girl's expulsion stayed as lawyer cites RTE

Girl's expulsion stayed as lawyer cites RTE

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published Published on Apr 5, 2010   modified Modified on Apr 5, 2010


Barely days after right to education was enforced in the country, the Act was cited in the Delhi high court when it stayed the expulsion of a 12-year-old girl from her school for failing to clear the class VI exams and sought an explanation from the school.

Justice Kailash Gambhir issued notice to St Xavier's School in the city seeking an explanation by May 11 on why Suman Bhati and other students were being asked to leave the school.

The court took note of the argument of Bhati's lawyer Ashok Agarwal, who said the Right to Education Act forbids expulsion of a student. The judge granted interim relief, saying, "It will have an adverse effect on the mind of the child if she is asked to withdraw because she failed in the exam."

Agarwal had argued that the school's action was illegal, specially at a time when RTE had been enforced.

"The action is unethical and violates provisions of the Delhi School Education Act, 1973, the Right of Children to Free and Compulsory Education Act, 2009 and the United Nations Convention on the Rights of the Child," Agarwal said.

Suman's father, Naresh Bhati, said the school, situated on Raj Niwas Marg in north Delhi, informed him about the expulsion on March 27 when he went to collect his daughter's report card.

Demanding action against the school and the directorate of education, the petition stated: "It is unfortunate that at a time when the government is coming up with laws, schemes and policies to encourage the girl child to study more, St Xavier's School is trying to jeopardize a class 6 girl's future by expelling her."

The school defended the action, saying Suman had failed in her final term exams for class IV as well as for class VI. According to the rules, she had to leave the school.

However, Agarwal said: "The school has no authority to expel Suman as she has yet not completed her elementary education and has not attained the age of 14 yet. In any case, a student cannot be removed from the school on the ground that she had failed in a class."


The Times of India, 6 April, 2010, http://timesofindia.indiatimes.com/articleshow/5764934.cms


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