Student Expelled From Online Classes For Fee Default Scores 85% In Class 10; Moves Bombay HC Against School For Documents

The school barred the child from online classes in August last year after her father, a flautist at weddings, lost all means of income due to the pandemic imposed lockdown and couldn't manage to pay the school fee.

Seeking directions to release the documents, the petitioner's counsel Gauri Venkatraman submitted that the child might lose her class 11 provisional admission seat secured on merit.

Justices Sunil Shukre and Anil Kilor issued notice to the respondents, including the CBSE board and St Xavier's school, Nagpur, following an assurance that the father would try and pay the balance fee if he was granted time.

Ryan International Group of Institute, a society and a trust, runs the school.

The petitioners have contended that the school's management's action was arbitrary, irrational and a blatant breach of the Fundamental right.

"…Right to Education is a Fundamental Right of every child, and being a girl child she is being deprived of her rightful education by the Respondent Management and the concerned authorities." The plea states.

A Brutal Lockdown

The student said in her plea that they belong to a weaker and backward section of the society, and she studied at the same school since she was in Std 1, regularly paying fees. However, the situation became grim during the lockdown.

"The financial crisis of the petitioner's father further deepened with the continuation of lockdown during the ongoing pandemic even through the year 2021 and it severely affected his earnings as there was a complete ban on celebrations and public gatherings. All the opportunities to perform as an Artist was denied to the petitioner's father due to the lockdown induced restrictions and circumstances."

She states that her father was forced to temporarily take up odd jobs as a security guard to make ends meet and borrow from relatives.

With no money to pay her fee, the school disallowed the child from online classes from August 20. Nevertheless, the petitioner scored 85% in the board examination and secured admission through the online process, the plea states.

After the results were declared, the father approached the school to release the student's original mark sheet, character certificate and school-leaving certificate but it was refused on the ground that the petitioner failed to deposit the fees for 10th Std.

Issuing notice to the respondents on September 7, the bench observed-

"The issue involved in this petition is about not issuing the original mark sheet and transfer certificate by respondents Nos.4 and 5 to the petitioner, who has obtained 85% of marks in the 10th Standard examination and has been provisionally admitted to a good school through common admission process. It is submitted by the learned counsel for the petitioner that if some more time is given to the petitioner's father, the petitioner's father would pay the balance fees."

The case will now be heard after a week.