School can’t spoil a student’s future because parent didn’t pay fee: Court

Gurgaon: A school cannot stop a student from appearing in an exam for non-payment of fees by the parent, the sessions court in Rewari has ruled while hearing a petition filed by two siblings studying at a private institution against school-leaving certificates (SLCs) being denied to them.
The court also observed that a school cannot be allowed to spoil the future of a student on such grounds and withhold a student’s registration or SLC.
Deepanshu (14), a Class 10 student, and his sister Deepika (13), a Class 8 student, were studying at GD Goenka Public School, Rewari, for the last four years. This year, both students took admission elsewhere. They told the court their former school refused to give SLCs and Deepanshu’s board registration papers over non-payment of fees. Registration for the Class 10 Boards is done in Class 9.
Kailash Chand, the students’ counsel, said the siblings reached out to the education department and other government authorities after they were unable to get the documents from the school, but failed to get any relief. “The students then filed a petition before the Rewari court on May 23,” said Chand.
“The parent of the minors argued that the school was charging fees illegally in violation of the Haryana Education Rules, 2003. The school didn’t issue the documents on the grounds of non-payment of fee,” Chand added.
The case first came up for hearing before civil judge (senior division) Ritu Yadav, who passed an order on August 18 in favour of the students and directed the school to provide the students’ SLCs and Deepanshu’s board exam registration number.
The school challenged the order in the sessions court on August 25.
Additional district judge Raj Kumar Jain said education of children shouldn’t be hampered due to the acts of either party. In the order dated August 30, the court observed, “Right to education is a fundamental right and no school can hold the necessary documents related to the education of the child on the ground of non-payment of arrears of school fee.”
The court stressed students’ future is at stake. “The school can’t be allowed to spoil the future of the student merely on the ground that parents have not paid the school fee arrears. On non-payment, the school can’t withhold the school leaving certificate and registration of students. At most, it can recover the arrears of school fee by filing a civil suit for recovery in the appropriate court of law,” it observed, ordering the school to issue SLCs to both students and also issue Deepanshu’s Class 10 board registration papers.
GD Goenka Public School told the court they are legally entitled to receive the dues. “We didn’t make any illegal demands for the fee. We respect the court order,” said PK Vats, the counsel for the school.