Read Time: 07 minutes

The Allahabad High Court recently directed a school to let a minor complete his studies for free in the academic session 2021-22 despite his name having been struck down from the list of beneficiaries under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

The Bench of Justice Saumitra Dayal Singh held that child's education could not be allowed to be disrupted midway into the academic session as a minor's right to be educated can't be violated on account of his/her father's fraudulent claim under the Act.

Court noted, "It is that claim (father's claim for his minors free education under the Act) which has been found fraudulent or ineligible in law. If that is the case, it does not lead to the conclusion that the petitioner who is a minor and therefore immune from legal liabilities may have his fundamental right to be educated violated."

"At the fag end of the academic session, it is too late to leave the minor child in the lurch as that may lead to the loss of one academic session, for the fault of his father," court opined.

Matter in Brief

An 8-year-old minor had moved a writ plea challenging one February 2021 order, passed by the Basic Education Officer, Bulandshahar, whereby his name had been struck off from the list of beneficiaries under the RTE Act.

This order was merely a consequential order of high court's earlier dismissal of minor's father's appeal against Basic Education Officer's July 2019 order recommending the cancellation of child's admission in Atomic Energy Central School, Narora, Bulandshahar.

Such cancellation had been recommended as it was found that child's father had shown his income to be under rupees 1 lakh per annum to avail the benefit of free education for the child, however, this claim was found fraudulent, subsequently.

Despite all this, the child had managed to complete his studies at that school for class I and II as a result of the interim order passed in his father's earlier writ petition challenging the July 2019 order and the child was about to complete his class III studies as well.

Therefore, by way of the present petition, the minor had sought court's directions to the school to allow him to continue his free studies for the current academic session and to allow him further studies from academic session 2022-23, against payment of full fees.

Against this backdrop, the court noted that though no interference was warranted with the Basic Education Officer's order striking down child's name from the list of beneficiaries under the RTE Act, but it could not be forgotten that a minor child may never be penalized for the fault and blame-worthy conduct of their parents.

Court said that the fact that minor's father had fraudulently got him admitted for free studies would make only this difference that the child would lose out as a beneficiary under the Act and his parents would have to pay up the fees to ensure completion of his education.

Therefore, court partly allowed the instant writ petition and allowed the minor to complete his studies in the current academic session without payment of any fees. 

Case title - Nikhil Upadhyay (Minor) v. State Of U.P. and 4 Others