Allahabad High Court Upholds RTE Act's Applicability to Private Unaided Schools

Court Orders Re-admission of Students Detained for Poor Performance and Low Attendance

In a landmark judgment, the Allahabad High Court, Lucknow Bench, presided over by Justice Pankaj Bhatia, has reaffirmed the applicability of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) to private unaided schools. The court directed a private unaided school in Uttar Pradesh to re-admit two students who were detained due to poor academic performance and insufficient attendance, stating that such actions violate the students' rights under the RTE Act.

The case was brought forth by Huzaifa Khan and another petitioner, who challenged their detention from classes V and IX respectively at the respondent school. The petitioners argued that their expulsion was in contravention of the RTE Act, which mandates free and compulsory education and prohibits detention without adherence to specific provisions.

The school contended that the students did not meet the required attendance and academic criteria set by the ICSE Board, and argued that as an unaided institution, it was not fully bound by the RTE Act. The school emphasized the importance of maintaining academic standards and discipline.

However, the court cited the Supreme Court's judgment in the case of Society for Unaided Private Schools of Rajasthan, affirming that all provisions of the RTE Act, including Section 16 related to detention and re-examination, apply to private unaided schools. The court highlighted that internal school guidelines and board rules cannot override statutory provisions.

Justice Bhatia directed the school to offer the students an opportunity for re-examination and to re-admit them to their respective classes, ensuring compliance with Section 16 of the RTE Act. The court's decision underscores the importance of adhering to statutory mandates and reinforces the rights of children to continue their education without undue hindrance.

Bottom Line:

Right to Education Act - Section 16 mandates that private unaided schools are also bound by provisions of the Right of Children to Free and Compulsory Education Act, including rules on detention and re-examination, as upheld by the Supreme Court in Society for Unaided Private Schools of Rajasthan. 

Statutory provision(s): Right of Children to Free and Compulsory Education Act, 2009 - Sections 12, 16; Constitutional Law - Article 21-A

Huzaifa Khan v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc Id # 2781357