Court Enforces Rule Against Expulsion of Children Under 14, Ensures Continuation of Education for Class-VIII Student
In a significant ruling, the Delhi High Court has directed the Directorate of Education and Delhi Public School, Mathura Road, to allow a 13.5-year-old student from the Economically Weaker Section (EWS) to continue her education in Class-VIII, following her rustication from the school. The court's decision emphasizes the Right of Children to Free and Compulsory Education Act, 2009, and the Delhi School Education Rules, 1973, which prohibit rustication of children under the age of 14.
The case, titled "Ms. Akhta Khan v. Directorate of Education," was presided over by Justice Jasmeet Singh, who underscored the statutory mandate that no child under the age of 14 years can be expelled or rusticated from school. The court was approached through a writ petition by Ms. Akhta Khan, represented by her mother, Anjum Khan, challenging the school's decision to rusticate her.
The controversy arose when the school authorities allegedly compelled Ms. Akhta Khan to collect a transfer certificate after an incident involving absence from an examination due to peer persuasion. Despite repeated requests from Akhta's mother, the school authorities orally communicated a one-month suspension with the possibility of reconsideration.
Justice Singh highlighted that the school's action contravenes Rule 37(1)(b) of the Delhi School Education Rules, 1973, which expressly prohibits rustication of students who have not attained 14 years of age. The court recognized the prima facie case in favor of the petitioner and noted that discontinuation of her education would cause irreparable harm, impacting her valuable right to education.
In its order, the court granted interim relief, directing the school to allow the petitioner to resume her education without any discriminatory treatment. The court also instructed that the petitioner's absence should not be marked as voluntary and should not adversely affect her academic progression.
The judgment underscores the importance of prioritizing the best interest of the child and emphasizes that the balance of convenience lies with the petitioner. The court's directive aims to prevent any irreparable loss and ensure compliance with the statutory provisions safeguarding children's right to education.
The case is scheduled for further hearing on October 14, 2026, with the court expecting compliance from the Directorate of Education to facilitate the continuation of the petitioner's education.
Bottom Line :
Right to Education - Economically Weaker Section (EWS) student cannot be rusticated from school if under the age of 14 years - Such action violates Rule 37(1)(b) of the Delhi School Education Rules, 1973 and the Right of Children to Free and Compulsory Education Act, 2009.
Statutory provision(s): Right of Children to Free and Compulsory Education Act, 2009, Delhi School Education Rules, 1973, Rule 37(1)(b), Constitution of India, Article 226
Ms. Akhta Khan v. Directorate of Education, (Delhi) : Law Finder Doc id # 2964162
