Delhi HC: Can’t bar students from exams over fees non-payment

The court was hearing a plea by a class 10 student from the economically weaker section (EWS) community, studying at a private unaided school, whose name was struck off the rolls due to non-payment of fees

The Delhi high court has said that barring a student from appearing for the board examinations over the non-payment of fees is a violation of his/her fundamental rights, while asserting that education has to essentially be a charitable service.

To balance the interest of both parties, the court said the petitioner should pay some amount towards the fees payable to the school, directing him to pay ₹30,000 to the school within four weeks.

The court was hearing a plea by a class 10 student from the economically weaker section (EWS) community, studying at a private unaided school, whose name was struck off the rolls due to non-payment of fees. The student sought directions to be permitted to sit in the upcoming Central Board of Secondary Education (CBSE) board examinations, and said that not allowing a student to take examinations will be an infringement of his rights, akin to the right to life.

The petitioner claimed he was unable to pay his school fees regularly on account of the financial losses faced by his father following the Covid-induced lockdowns.

In a January 17 judgement, justice Mini Pushkarna said, “Education has been held to be essentially a charitable object, a kind of service to the community…A child cannot be made to suffer and not be allowed to attend classes or barred from taking examinations in the middle of an academic session on the ground of non-payment of fees.”

The court added, “Education is the foundation, which shapes the future of a child and which in turn shapes the future of the society in general. Therefore, not allowing a student to take examinations, especially the Board Examinations, would be infringement of the rights of a child akin to Right to Life as guaranteed under Article 21 of the Constitution of India.”

The counsel for the school contended that a large sum towards fees, totalling over ₹3 lakh was due and payable, not only by the petitioner but also his sister, who passed out in the last academic session. It contended that being a private unaided school, it was not possible for the school to impart education if students do not pay their fees regularly.

While taking a sympathetic and compassionate view in the case, the court allowed the student to take the board examinations.

The court clarified that even if the petitioner is unable to pay the fees, he “certainly does not have a right to continue education in the school in question” but he “cannot be tormented in this manner in the middle of the academic session”.

“A child’s future cannot be allowed to be spoiled and blemished by barring him/ her from taking examinations, especially at such a crucial juncture. In the context of Indian Society, Class 10th and Class 12th Board Examinations are vitally important and critical, having decisive repercussions and bearing on the future of a student,” the court said.

“The petitioner cannot be directed to take admission in a new school, when the current academic session has almost ended and the Board Examinations are round the corner. Not allowing the petitioner to take up the Board Examinations would put the petitioner at a great hardship and the petitioner would suffer irreparable harm if he is not allowed to take up the examination,” the court said.

To balance the interest of both parties, the court said the petitioner should pay some amount towards the fees payable to the school, directing him to pay ₹30,000 to the school within four weeks.