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Kerala High Court faults school for student’s failure

The court directed the school authorities to ensure that the petitioner’s son is enrolled as a student of standard 7

Kochi: The High Court on Monday directed a school to promote a class 6 student to class 7 and held that failure of a student in a class can only be viewed as an admission by the school of its failure to impart sufficient training to the student. Justice A.K. Jayasankaran Nambiar of the court asked Vidyodaya School, Thevakkal, to promote Varkey Mathai from class 6 to class 7.

The academic performance of a student in any year can be of no significance when the statutory mandate is only that the student must receive compulsory education during the years between class two to eight, the judge said.

The court observed that as per the Right to Education Act, the schools should not deliberately detain a student in the same class for poor performance during the years between class two to eight.

The child’s mother, Kitty Sanil of Perumbavoor, had approached the court against the stand of the school authorities against promoting her child during the 2015-16 academic year because his academic performance in the 6th standard was not satisfactory.

The school relied on the norms/guidelines issued by the Central Board of Secondary Examinations with regard to the assessment of academic standards and argued that the petitioner’s son did not match up to the requirements and, therefore, could not be promoted to standard 7.

The petitioner urged the court to direct 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 standards, corresponding to his age and should do so every year till he attains 14 years of age, without subjecting him to a screening procedure or detaining him in any particular class for any reason whatsoever.

The court directed the school authorities to ensure that the petitioner’s son is enrolled as a student of standard 7 during 2015-16 and thereafter till he attains the age of 14 years.

( Source : dc )
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