Court Emphasizes Adequate Opportunities Given to Student Before Detention Decision
In a significant ruling, the Delhi High Court has upheld the decision of North Delhi Public School to detain Master Sorabh Rathor, a student from the Economically Weaker Section (EWS) category, in Class V for the academic session 2025-2026. The court's decision came after the petitioner, Sorabh Rathor, failed to meet the required academic standards despite being given multiple opportunities, including additional classes and re-examinations.
The case was heard by Justice Jasmeet Singh, who emphasized the importance of Section 16 of the Right of Children to Free and Compulsory Education Act, 2009. The provision aims to ensure that children from economically weaker backgrounds are given a fair chance to progress in their education. However, the court noted that if a child fails to meet the basic academic requirements despite adequate support, the school is justified in its decision to hold the student back to ensure a proper understanding of fundamental subjects.
The petitioner, represented by Advocates Mr. Khagesh B Jha, Ms. Shikha Shrama Bagga, and Ms. Shivani, argued that detaining the student in Class V violated the RTE Act. They contended that the school should promote the student to Class VI and provide all necessary educational materials. However, the court found that the student had consistently failed to perform academically, securing only 12% in Class III, 7% in Class IV, and 8% in the initial Class V examinations despite additional attempts and support.
The school, represented by Principal Ms. Punita through video conferencing, and Counsel Mr. Dhruv Rohatgi, defended their decision, highlighting the numerous opportunities and resources provided to the student, which were not sufficiently utilized.
The court's order directs that Master Sorabh Rathor will repeat Class V at North Delhi Public School. The school is mandated to continue fulfilling its obligations under the EWS provisions, ensuring that the student receives all entitled support and resources. The decision underscores the balance between providing opportunities and maintaining academic standards.
Bottom line:-
Right of Children to Free and Compulsory Education Act, 2009 Section 16 A child from the Economically Weaker Section (EWS) category, who fails in Class V and is detained, cannot claim promotion if provided with adequate opportunities to improve and fulfill academic standards.
Statutory provision(s): Right of Children to Free and Compulsory Education Act, 2009 Section 16
Master Sorabh Rathor v. North Delhi Public School, (Delhi) : Law Finder Doc id # 2943812
