Don’t fail any student upto class VIII
AS stipulated in the Right to Free and Compulsory Education Act, 2009, a Central legislation, schoolchildren studying upto VIII standard shall not be detained in the same class or expelled from the school due to poor performance in exams or for any other reason, the Madras High Court has ruled.
The Central Act 35 came into force from April 1, 2010. When the Act has been enacted for a particular issue, the State Act hitherto applied should be treated as repugnant, Justice N Paul Vasanthakumar observed on Tuesday.
The judge was allowing a writ petition from K.Kalaikoo-tuthayam challenging the detention of his son Prabhakarauthayam in VI standard by the management of Don Bosco Matriculation HSS, Egmore due to very poor performance in the examinations.
Accepting the arguments of advocate M Pari, the judge also set aside the circular dated April 5, 2010 of the Director of Matriculation Education Schools, which among other things, provided a second chance for failed students in three subjects under the instant exam scheme.
The circular, which was admittedly issued after the coming into force of the Central Act, was clearly illegal, the judge said. When the circular itself was declared illegal, the action of the school in detaining the petitioner’s son in VI standard on the basis of the circular alone was also illegal, the judge ruled.
The judge directed the school to promote/admit the petitioner’s son to VII standard forthwith. The judge also made it clear that no transfer certificate (TC) should be issued by the school/schools without a request from parents.