RE: [arkitectindia] St. Xavier's Sr. Sec. School illegally and arbitrarily expels 12 yrs old Class VI student Suman Bhati
- Dear Naaz,
Indian Express has carried a story today. I hope that wisdom will prevail over the school and Suman would be taken back. If it does not happen, I will file a petition in the High Court.
ashok agarwal, advocate
Date: Wed, 31 Mar 2010 23:57:06 +0530
Subject: Re: [arkitectindia] St. Xavier's Sr. Sec. School illegally and arbitrarily expels 12 yrs old Class VI student Suman BhatiThanks for bringing these violations of child rights to our notice, creates awareness regarding legal way out to these issues. Would be interesting to know if Suman Bhati was taken back by her school following this action. Leading schools like St. Xavier should act in a more enlightened and responsible manner!Best,NaazOn Wed, Mar 31, 2010 at 6:08 PM, Ashok Agarwal <ashokagarwal1952@ hotmail.com> wrote:
1. Hon’ble the Education Minister
Govt. of NCT of Delhi
Secretariat, I. P. Estate,
2. The Director of Education
Govt. of NCT of Delhi
Old Secretariat Building
Civil Lines, Delhi-110054
Sub: St. Xavier’s Sr. Sec. School illegally and arbitrarily expels 12 yrs old Class VI student Suman Bhati
We have the honour to bring to your kind notice that St. Xavier’s Senior Secondary School, Rajniwas Marg, Delhi-54 has expelled 12 years old class VI student Suman Bhati from the school on 27.03.2010 on the ground that she failed in class VI. It is submitted that the said action on the part of the school is totally illegal, anti-child, arbitrary, unjust, punitive in nature, unethical, discriminatory, unconstitutional, violative of the provisions of the Delhi School Education Act, 1973, the Right of Children to Free and Compulsory Education Act, 2009, hit by the provisions of Article 14 (right to equality), Article 21 (right to life with dignity), Article 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India read with UN Convention on the Rights of the Child (1989).
It is submitted that Suman, D/o Shri Naresh Bhati (M-09811460947) , R/o J-42, Aruna Nagar, Majnu Ka Tila, Civil Lines, Delhi-110054 has been a regular student of the said school since Class K.G. It is submitted that on 27.03.2010, the Principal handed over the marks-sheet to Suman’s father with the following remark : “Detained and withdrawn”. It was also told to the parent verbally that the student had been removed from the school from now on. It is submitted that Mr. Naresh Bhati on 27.03.2010 and also on 29.03.2010 requested the Principal of the school to not to remove his daughter as it would ruin the future of the child. He also submitted a written representation to the Principal on 29.03.2010 with a request to permit her child to continue her studies in the school.
However, the Principal remained adamant throughout and declined to accept the request of the parent.
It is submitted that after having failed to persuade the Principal of the school to let Suman continue her studies in the said school, the parents and the student approached the undersigned with a request to help the child. The undersigned has sent a phonogram dated 31.03.2010 to you as well as to the Principal of the school requesting the school to forthwith allow the student Suman to continue her studies in the school. However, no response has been received so far.
It is unfortunate that in a time when the Government is coming up with laws, schemes and policies to encourage the girl child to study more, here is a school that is trying to jeopardize a class VI girl’s future by expelling her from the school system. It is highly unjust as well as illegal to expel a student who wishes to study further and make her career.
It is submitted that in terms of the provisions of Rules 35, 36 and 37 of the Delhi School Education Rules, 1973 and Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 no student admitted in a school shall be held back in any class or expelled from school till the completion of elementary education.
Section 16 of the the Right of Children to Free and Compulsory Education Act, 2009 is reproduced below:
“Section 16. Prohibition of holding back an expulsion- No child admitted in a school shall be held back in any class or expelled from the school till the completion of elementary education.”
It is, therefore, submitted that the school has no authority in law to remove Suman from the school as she has yet not completed elementary education. In any case, a student can not be removed from the school on the ground that she has failed in a class. It appears that the school has no respect for the law or for the child’s future. In the present case, Suman has every right to continue in the school and complete her studies. The action of the school is totally illegal and arbitrary.
It is, therefore, requested that you may kindly immediately intervene in the matter and direct the Principal of St. Xavier’s Senior Secondary School, Rajniwas Marg to allow Suman to continue her studies in the school.
Ashok Agarwal (Advocate)
Advisor, Social Jurist
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