NOT ALLOWING TO WRITE BOARD EXAM ON THE GROUND OF NON PAYMENT OF FEES IS VIOLATION OF FUNDAMENTAL RIGHT OF A STUDENT

NOT ALLOWING TO WRITE BOARD EXAM ON THE GROUND OF NON  PAYMENT OF FEES IS VIOLATION OF FUNDAMENTAL RIGHT OF A STUDENT 

Author:- Kallu nishwitha, a Student of Osmania university post graduate college of law

Title: PSV v. THE INDIAN SCHOOL & ANR

Delhi high court  observed that stopping a  student from writing board exams on the ground of non payment of tuition fees would be infringement of fundamental right of a child as guaranteed under article 21 of Indian Constitution .Justice Mini Pushkarna observed that a child’s future cannot be allowed to be spoiled and blemished by barring him or her from taking examinations.Thus, a child cannot be made to suffer by being denied access to classes or barred from taking exams in the middle of an academic session. Education is the foundation, which shapes the future of a child and which in turn shapes the future of the society in general,” the court said.Therefore, the rights of a child to education has to be balanced with the rights of the school under the DSER, 1973. The constitutionality and validity of Rule 35 of Delhi School Education Rules, 1973, which authorises the Head of the school to strike off the name of a student from the rolls of the school on account of non-payment of fees, has not been struck down by any Court of law,” the court said.The court allowed the 10 th class student to write board exams .He cannot be terminated in the middle of the academic session .The plea was listed on January 17 upon urgent mentioning since the practical exams for class X board examination were scheduled from January 18.While providing the petitioner with relief, the court condemned the parent's behaviour for contacting the court at the last minute when the practical board exams were set to start in just one day.The court directed the school to issue the CBSE Roll Number to the petitioner to enable him to take up the Board Examinations. The school was also directed to allow the child to attend special classes.

CONCLUSION:

In the facts and circumstances of the case, since it has been expressed on behalf of the father of the petitioner that the family is undergoing financial constraints, it is directed that the petitioner shall pay an amount of Rs.30,000/- to the school within a period of four weeks.