Board Exams: Education is an important right that is for every child which is further "encompassed under the right to life", the Delhi High Court stated. Moreover, a child cannot suffer by barring him from attending school or taking mid-session examinations when the child is in the middle of an academic session on the account of the non-payment of fees, the Delhi High Court said in an official verdict.
The Delhi high court’s observation came on a petition by a student of Class 10th studying in a private unaided school whose name was struck off the roll due to non-payment of fees and he also sought directions to be permitted in order to appear in the upcoming CBSE board examinations.
While taking a “compassionate and sympathetic view” of the petition, Justice Mini Pushkarna informed that not allowing a student to take examinations, especially important board examinations, will be a violation of his rights in accordance with the right to life. Hence, she laid out orders that the student is allowed to take the board examinations.
Petitioner Claims
As per the information, the petitioner claimed that he was unable to pay his school fees because of the financial losses faced by his father following the Covid-induced lockdowns. The Delhi high court noted that if the petitioner is unable to pay the fees, he probably does not have a right to continue education in the school in question however he should not be tortured in this manner in the middle of the academic session.
In order to balance the interest of both parties, the court declared that the petitioner should pay some amount towards the fees payable to the school. It ordered the student to pay Rs 30,000 to the school within a stipulated time period of four weeks.
Significance of Education
Education is essentially a charitable object, a kind of service to the community and a child cannot be made to suffer and not be allowed to attend classes or barred from taking examinations in the middle of an academic session on the ground of non-payment of fees as told by the court in an order passed the current week.
In the context of Indian Society, Class 10th and Class 12th Board Examinations are vitally important and critical, having decisive repercussions and bearing on the future of a student, as observed by the court officials. Also, the petitioner cannot take admissions to a new school, when the current academic session has almost been completed and the Board Examinations are forthcoming this year.
Article 21 of Indian Constitution
Education is the bedrock of a child’s future and also shapes the future of society in general. Therefore, not allowing a student to take examinations, especially the Board Examinations, would be an infringement of the rights of a child akin to the Right to Life as stated under Article 21 of the Constitution of India. The Supreme Court has expanded the rights under Article 21 of the Constitution and education is one of the most important rights which would be encompassed under the right to life.
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