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Right to Education Trumps School Fee Debt
26 Feb
Summary
- Court rules 13-year-old cannot be expelled over pending school fees.
- Student's fundamental right to education cannot be revoked.
- School's decision to issue leaving certificate was deemed illegal.
The Nagpur bench of the Bombay high court has ruled that a 13-year-old student cannot be expelled from school due to outstanding fees. The court found that the fundamental right to education for children aged 6-14 is absolute and cannot be compromised under any circumstances. This ruling overturned a Bhandara-based school's decision to issue a leaving certificate to a Class 7 student who owed Rs23,900 in fees.
The court declared the school's action illegal, citing Article 21A of the Constitution and the Right of Children to Free and Compulsory Education Act, 2009. The school's argument that the RTE Act did not apply due to its CBSE affiliation and minority status was rejected. The bench observed that by obtaining state government recognition, the school agreed to comply with relevant rules, including the RTE framework.
While acknowledging the school's right to impose late fees or penal interest, the court stated that expelling a student before completing elementary education is unlawful. The bench also referred to the Maharashtra Educational Institutions (Regulation of Fee) Act, 2011, noting that it does not permit expulsion for non-payment of fees. This judgment reinforces the paramount importance of a child's right to education.
