Can't Violate Minor's Fundamental Right To Be Educated For Father's Fraudulent Claim Under RTE Act: Allahabad High Court

The Allahabad High Court has observed that a minor's right to be educated can't be violated on account of his/her father's fraudulent claim under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

The Bench of Justice Saumitra Dayal Singh was hearing a writ plea moved on behalf of an 8-year-old, Nikhil Upadhyay, whose name had been struck off from the list of beneficiaries under the RTE Act due to a fraudulent claim of his father for minor's free education under the ACT.

The case in brief

Essentially, the minor father had availed of free education benefits under the RTE Act for his minor son showing his income to be under 1 lakh per annum in class 1. He got admitted to Atomic Energy Central School, Narora, Bulandshahar. Later on, a complaint was made against him alleging that his income was above 1 lakh per annum.

Pursuant to the complaint, in July 2019, the Basic Education Officer, Bulandshahar, recommended the cancellation of the admission of the petitioner/minor boy, however, he continued his studies at that school in view of the interim order passed in a writ petition filed by the father challenging the order.

Thus, the petitioner was granted a promotion from Class II to Class III. Now, when the father's plea was dismissed, on February 5, 2021, when the minor was still in class 3rd, an order was passed by Basic Education Officer, Bulandshahar to strike off his name from Atomic Energy Central School, Narora, Bulandshahar.

Against the same, he moved the High Court claiming a direction upon the respondent institution to allow the petitioner to complete his studies for the academic session 2021-22. He further sought a direction upon the respondent institution to allow him further studies from the academic session 2022-23, against payment of full fees.

Court's order

At the outset, the Court refused to interfere in the order dated February 5, 2021, passed by the Basic Education Officer, Bulandshahar. However, as to the further aspect of the matter, the Court observed that it cannot be forgotten that a minor child may never be penalized for the fault and blame-worthy conduct of their parents. In any case, every child has a fundamental right to be educated. 

Further, noting that in the instant case, the father of the petitioner had made the claim on behalf of the petitioner under the Act, which was found fraudulent or ineligible in law and for this reason minor's education may not be allowed to be disrupted mid way into the academic session, the Court, significantly, remarked thus:

"If that is the case, it does not lead to the conclusion that the petitioner who is a minor and therefore immune from legal liabilities may have his fundamental right to be educated violated. The only difference such fact may make is that the petitioner loses out as a beneficiary under the Act and his parents would have to pay up the fees to ensure completion of his education."

Lastly, the Court partly allowed the plea and allowed the minor to complete his studies in that academic session without any let or objection by respondent no.5 and without it insisting for any payment of fees as the academic session is at its fag end.

"Subject to successful completion of the studies in Class III for the academic session 2021-22, the petitioner may remain entitled to continue his studies at the respondent institution, though upon payment of full tuition fees as any other student regularly admitted to the said institution who may have progressed from Class III to Class IV, for the academic session 2022-23 onwards," the Court further said.

Advocate Sharad Chand Rai appeared for the petitioner.

Case title - Nikhil Upadhyay (Minor) v. State Of U P And 4 Others
Case citation: 2022 LiveLaw (AB) 31

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