SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(Ker) 343

A.MUHAMED MUSTAQUE
Sobha George Adolfus – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. John Jude Issac
For the Respondents: Sri. Gikku Jacob, Sri. Devan Ramachandran, Sri. S.P. Aravindakshan Pillay, Smt. N. Santha, Sri. K.A. Balan, Sri. V. Varghese, Sri. Peter Jose Christo, Sri. S.A. Anand, Smt. L. Annapoorna

JUDGMENT :

1. Petitioner is the grandmother of a child, by name, Acquin Victor, a student of 6th standard in St. Joseph Public School, Pattanakkad, Cherthala, the 3rd respondent herein.

2. The issue in this writ petition is about the denial of promotion to the child from 6th to 7th standard by the 3rd respondent school during the academic year 2015-16. Petitioner's claim is based on Section 16 of the Right to Education Act (hereinafter referred to as the "RTE" Act, for short). Petitioner approached the various authorities, including the Government. Though the Government appeared to have issued certain directions, those directions have not been complied with by the school authorities, stating that, the school is an unaided recognized minority institution. It is also seen that an order has been passed by the Kerala State Commission for Protection of Child Rights, Thiruvananthapuram, recommending the school authority to promote the child from 6th to 7th standard, forthwith. The order was passed on 13.10.2015. However, all attempts of the petitioner ended in vain, on account of non-compliance. Accordingly, the petitioner approached this Court.

3. In the counter filed by the school authori




































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top