Delhi HC stays DoE’s direction on re-admitting students failed twice in Classes 9 to 12
The Delhi High Court on Friday has stayed the Delhi government’s Directorate of Education’s direction against re-admitting students who have failed in classes 9 to 12 in two consecutive years in government schools.Pronouncing the judgment on the circular issued by the department in August 2018, the court of Justice Rajiv Shakhder noted that it interferes with every student’s basic right to education and is in violation of Article 14 and 21 of the Constitution.
The petitioner is the father of Syed Mohd Ashar and Syed Mohd Imad, who were refused admission in Class IX in Government Boys Senior Secondary School, Vivek Vihar, and other schools nearby. Advocate Ashok Agarwal termed the DoE circular dated August 2018 as illegal and in violation of Articles 14, 21 and 21A of the Constitution of India and provisions of the Delhi School Education Act 1973.Article 21 A of the Constitution mentions free and compulsory education to all children in the age group of six to 14 years as a fundamental right.The circular states that a student who fails once should be re-admitted to the school if they “insist” on it, but only after they have been told to consider other options like CBSE’s Patrachar Vidyalaya or National Institute of Open Schooling (NIOS) centres, which the state government runs in collaboration with the NIOS.
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