Court Emphasizes Child Welfare and Parental Rights in Landmark Ruling on Educational Records
In a significant ruling, the Madhya Pradesh High Court has reinforced the importance of child welfare and parental rights by upholding the maintainability of a writ petition filed by a biological father seeking the inclusion of his name in his child's school records. The Division Bench at Gwalior, comprising Justices Anand Pathak and Anil Verma, delivered this landmark judgment on December 17, 2025, in the case of Vickramh Kkalmady v. State of Madhya Pradesh and Others.
The appellant, Vickramh Kkalmady, had approached the court after facing resistance from his child's school, Little Angels High School in Gwalior, to include his name in the school records despite being the biological father. The court addressed the central issue of whether a writ petition under Article 226 of the Constitution is maintainable in such cases, given the public law element involved in correcting educational records.
The judgment highlights the duties of schools and state authorities under the Right to Education Act, 2009, and the corresponding Rules, to maintain accurate educational records. The court emphasized that the welfare of the child is paramount and that the child's identity should reflect both parents, thereby facilitating emotional and social stability.
In its analysis, the court referenced several Supreme Court judgments, including Ajay Hasia v. Khalid Mujib and Jigya Yadav v. CBSE, underscoring the role of educational institutions in performing public functions and the importance of maintaining proper records as per statutory mandates.
The court directed the school to update its records to include the father's name and instructed the state authorities to ensure compliance. It also provided the petitioner limited access to his child's academic progress via the school's app, while imposing restrictions to prevent any potential negative influence on the child.
This ruling reaffirms the judiciary's role in safeguarding parental rights and ensuring that educational institutions adhere to statutory requirements, thus setting a precedent for similar cases in the future.
Bottom Line:
Maintainability of writ petition under Article 226 of the Constitution of India upheld where public law element is involved in educational records correction. Welfare of child and parental rights emphasized.
Statutory provision(s): Right to Education Act, 2009 Sections 8, 9, 10; Right of Children to Free and Compulsory Education Rules, 2010 Rule 10; Constitution of India Article 226