Court Rules Expulsion Violates Right to Education Act; Orders Reinstatement Without Late Fees
In a landmark judgment, the Bombay High Court has quashed the expulsion of a minor student, Ku. Chitrakshi, from a school in Maharashtra for non-payment of fees, deeming the action a violation of the Right of Children to Free and Compulsory Education Act, 2009. The Division Bench at Nagpur, comprising Justices Anil S. Kilor and Raj D. Wakode, delivered the verdict on February 16, 2026, directing the school to readmit the student without levying late fees or penal interest.
The case arose when Ku. Chitrakshi, a 13-year-old student, was expelled from her school, affiliated with the Central Board of Secondary Education (CBSE) and recognized as a minority institution. The expulsion followed her father's protest against the school's fee policies and non-use of NCERT books. Despite the petitioners' readiness to pay the arrears, the school issued a Transfer Certificate, effectively barring her from continuing her education.
The court emphasized that the Right of Children to Free and Compulsory Education Act mandates free and compulsory education for children aged 6 to 14 years and prohibits expulsion for non-payment of fees. It highlighted that the school's actions were arbitrary and contrary to the spirit of Article 21-A of the Constitution, which enshrines the right to education as a fundamental right.
The judgment also addressed the applicability of the Maharashtra Educational Institutions (Regulation of Fee) Act, 2011, which allows schools to charge late fees with penal interest but not to expel students for non-payment. The court noted that the school, having accepted government stipulations for operation, must adhere to these statutory provisions.
In light of these findings, the court ordered the school to reinstate Ku. Chitrakshi without imposing any late fees or penal interest due to the unique circumstances of the case. It further directed the petitioner to settle the outstanding fees within two weeks.
This judgment underscores the judiciary's commitment to upholding children's rights and ensuring access to education, particularly for underprivileged sections, reinforcing the ethos of free and compulsory education as a cornerstone of child development and empowerment.
Bottom Line:
Right to Education - Expelling a minor student for non-payment of fees violates the Right of Children to Free and Compulsory Education Act, 2009 and is impermissible under the law.
Statutory provision(s): Right of Children to Free and Compulsory Education Act, 2009; Constitution of India, 1950 Article 21A; Maharashtra Educational Institutions (Regulation of Fee) Act, 2011.
Ku. Chitrakshi v. State of Maharashtra, (Bombay)(DB)(Nagpur Bench) : Law Finder Doc id # 2859704
