HC allows child to repeat LKG on medical grounds

As she has delayed cognitive development, the child needs more time to be on par with her peers, her counsel said.

Written by Manish Raj | New Delhi | Published: March 28, 2017 5:56:25 am

After the father of a four-year-old filed a plea in the Delhi High Court asking that his daughter be allowed to continue in the same class as she was born premature and has learning difficulties, the Delhi High Court has allowed the plea on medical grounds.

The child’s counsel, Ashok Agarwal, had submitted a petition saying she was born premature and was unable to keep up with her peers in class (LKG). Agarwal also submitted a medical certificate that stated the child required occupational and intensive speech therapy. As she has delayed cognitive development, the child needs more time to be on par with her peers, he said.

He also said that representations to the school principal and the deputy director (education) was of no avail.
For now, Justice V Kameswar Rao allowed the child to continue education in LKG till the next date of hearing.
In another petition, the court granted interim stay on a school’s decision to prevent a class VI student from writing final exams.

The student’s counsel, Khagesh B Jha, said the child took admission in a private school in Class VI after leaving an unrecognised school. At the time of admission, the child’s father submitted all requisite documents and fee along with an affidavit saying the child had attended an unrecognised school up to Class V.

But the child was prevented from writing the final exam because a school leaving certificate was not submitted.

Highlighting the relevant provisions of the Delhi School Education Rules, 1973, and Right to Education Act, 2009, Jha said, “Besides having a fundamental right to continue studies up to Class VIII, he could not be detained, as per rules, till Class VIII.”

The judge allowed the child to attend Class VII till the next date of hearing on August 2. The school could, however, take retests of the child in subjects of Class VI, the judge said.

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