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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH AT NAGPUR
ANIL S.KILOR, RAJ D.WAKODE
Ku. Chitrakshi, D/o. Yogesh Rangwani – Appellant
Versus
State of Maharashtra, Department of School Education and Sports, Through its Secretary – Respondent
| Table of Content |
|---|
| 1. denial of 7th standard education for non-payment of fees impermissible. (Para 2 , 3 , 4) |
| 2. dispute over rte applicability to minority cbse school and conduct. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. article 21a mandates free education for children aged 6-14. (Para 14 , 15 , 16) |
| 4. schools prioritize welfare over fees per apex court guidelines. (Para 17 , 18 , 19) |
| 5. govt approvals bind schools to rte compliance obligations. (Para 20 , 21 , 22 , 23 , 24) |
| 6. rte section 16 bars expulsion before elementary completion. (Para 25 , 26 , 27) |
| 7. rte universally applies to all 6-14 year old children. (Para 28 , 29 , 30) |
| 8. fee act allows late charges but prohibits student expulsion. (Para 31 , 32 , 33) |
| 9. expulsion quashed; readmit after fee deposit without penalty. (Para 34 , 35) |
JUDGMENT :
RAJ D. WAKODE, J.
Heard learned counsels for the respective parties.
2. A short question which falls for consideration is whether the student of 7th standard can be denied education in the school on the ground that she has not paid the fees as asked by the school?
3. For answering the aforesaid question, few facts would be necessary. The petitioner No.1 is a minor student and petitioner N
Unaided minority schools affiliated to central board but accepting state NOC and RTE approval cannot expel students aged 6-14 for fee non-payment before elementary education completion; limited to la....
The court established that a Transfer Certificate is not mandatory for school admission, and stigmatising remarks regarding fee payment violate children's rights under the RTE Act.
No Objection Certificate to run the minority educational institution can be granted either by the Competent Authority declared by the appropriate authority as per Section 10 or by the National Commis....
The Right of Children to Free and Compulsory Education Act mandates that private unaided schools comply with all provisions of the Act, including maintaining educational standards and ensuring opport....
(1) Director, Secondary Education has no authority to issue direction in respect of fee structure in respect of private unaided schools.(2) It is for school Management to reschedule payment of school....
Point of law : If a student omits or fails to pay the fees and contributions due to a school together with the fine due thereon by the last working day of the month in which they are due, his name sh....
Schools cannot withhold transfer certificates for unpaid fees, as it infringes on the right to education guaranteed under the Constitution.
The judgment establishes that executive actions must comply with statutory mandates, particularly in education, and emphasizes the importance of the neighborhood principle in school admissions.
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