‘Violation of Right to Education’: Bombay High Court slams school for expelling 13-year-old student over unpaid fees

What was the case?

• The minor student was admitted to Class 6 for the 2023–24 academic year and was promoted to Class 7 for the 2024–25 academic year.
• It was alleged that Father Agnel School issued the transfer certificate because the child’s parents had protested to the education department, claiming that the school was not following norms and laws, engaging in profiteering and exploitation by fixing fees arbitrarily, and not using books issued by the National Council of Educational Research and Training (NCERT).
• The school had issued a notice to the child stating that if she failed to pay the outstanding fees of Rs 23,900 within three days of receiving the notice, the school would issue a transfer certificate/leaving certificate.
• Following the notice, the school issued the certificate and expelled her.

Court’s observations

• In today’s world, the importance of education cannot be undermined as the personality of a person blossoms due to education only.
• The 13-year-old girl was issued a transfer certificate over non-payment of fees and was consequently deprived of an education. At present, she has not taken admission in any school.
• Educational institutions cannot be prevented from taking such actions as may be permissible in law against students who are in arrears or have defaulted in payment of fees for the earlier or subsequent academic years. There cannot be interference in the administration of unaided minority educational institutions.
• According to the school, an education officer had in 2022 forced the school to take approval under the 2009 Act, which it said had no authority of law.
• The education officer (primary) of Bhandara zilla parishad granted approval to the school, which clearly shows that the provisions of the 2009 Act are made applicable to the school’s management and subsequently to the school.

• The Maharashtra government has issued a no-objection certificate (NOC) for starting a school under the Central Board of Secondary Education (CBSE), New Delhi, to the school on the condition that it shall abide by the rules and regulations stipulated by the Maharashtra government.
• The act of respondent by running the school on one hand and saying that the provisions of the 2009 Act are not applicable to it on the other hand is a striking example of unfairness and arbitrary action.
• The provisions of the 2009 Act are squarely applicable to the school being run by the management.
• The Act is applicable to every child between the ages of six to 14 years. It is an undisputed fact that the minor child is 13 years old and thus, the Act is applicable to her.
• The impugned action at the behest of respondents No.7 and 8 in expelling the petitioner No.1 is illegal and bad in law, and hence deserves to be quashed and set aside.

Court’s directions

• The impugned action of the school in expelling the minor child by issuing the transfer certificate is quashed and set aside.
• The petitioners are to deposit the arrears of fees within two weeks.
• Because of the unfortunate litigation faced by the minor child at a tender age, the school is directed not to charge the late fees or penal interest on the arrears of fees in the peculiar facts and circumstances of the case.