Education Act forces school to take back expelled student

A student expelled by St Xavier’s School, in Delhi’s Civil Lines area, for failing in Class VI has successfully invoked the Right to Education Act against her school, five days after it came into force.

A student expelled by St Xavier’s School, in Delhi’s Civil Lines area, for failing in Class VI has successfully invoked the Right to Education Act against her school, five days after it came into force.

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Referring to the Act, the Delhi High Court ordered the school to take back Suman Bhati (12).

Her lawyer Ashok Aggarwal argued under Section 16 of the Right of Children to Free and Compulsory Education Act, “no child admitted in a school shall be held back in any class or expelled till the completion of elementary education.”

Suman’s father Naresh Bhati told HT he came to know about the expulsion on March 27. “The report card had ‘detained and withdrawn’ written on it.”

Aggarwal argued the school’s action also violated the Delhi School Education Rules, which says disciplinary action such as fine or expulsion can’t be taken against a student below 14 years.

The court asked the school to take Suman back in Class VI and said “A serious act like expulsion just for failing in the exam will cause adverse effect on the mind of a child.”

Suman had failed in Class IV as well. According to the school’s rules, a student had to leave if he or she fails twice.