The main legal point established in the judgment is that the practice of grouping students into sections based on their marks was found to be discriminatory and violative of child rights under the Right of Children to Free and Compulsory Education Act, 2009.

JUDGMENT

Sudhir Mittal, J. - This judgment shall decide CWP Nos. 36086 and 32762 of 2019 as common questions of facts and law are involved.

2. CWP No. 36086 of 2019 has been filed by the parent of a child studying in Dashmesh Public School, Talwandi Road, Faridkot (hereinafter referred to as 'the School'), the Director and Principal of which have been impleaded as respondents No. 8 and 9, respectively. Her basic grievance is that from Class VI onwards, the children are being classified into sections on the basis of marks secured in the previous examination. Another parent had raised a similar grievance by sending a representation dated 20.05.2019 to respondent No. 9. The representation was necessitated because the child of the said parent had become extremely upset as she could not make it to the top section. She had even taken the extreme step of gulping liquid hand wash in an attempt to end her life. No action was taken upon the said representation and, therefore, the petitioner sent a representation dated 23.05.2019 to respondent No. 9 and to various officials of the Central Government, State Government, Central Board of Secondary Education and the National and State Commissions constituted for protection of child rights. The Punjab State Commission for Protection of Child Rights (respondent No. 12) took cognizance and issued notice to respondent No. 9. A reply dated 19.06.2009 was filed on behalf of the said respondent wherein grouping children into sections on the basis of their marks was not denied. Infact, the same was defended on the ground of being an age old norm for the purpose of bringing homogeneity in the class. The allegation that the top sections are being provided better teaching facilities was, however, denied. The complaint was labelled as 'motivated' as the child of the petitioner was not able to get the section of her choice. Respondent No. 12 - Punjab State Commission for Protection of Child Rights (hereinafter referred to as 'the Commission') decided the issue vide order dated 07.08.2019 and directed respondents No. 8 and 9 to discontinue the practice of forming sections on the basis of merit forthwith. The directions were also issued to reshuffle the sections within 10 days from the date of receipt of the order. The parties were not given an opportunity to lead evidence as the allegations had been admitted by respondent No. 9 although the said respondent had tried to justify the same. The School failed to implement the directions of the Commission and, therefore, the petitioner got a legal notice dated 18.08.2019 sent through her lawyer. The Deputy Commissioner, Faridkot, also asked the School to implement the order to which the School responded vide communication dated 20.08.2019 that the order shall be implemented after conclusion of the half yearly session, the examination for which ended on 03.08.2019. Thereafter, the School and some parents of children of the top section approached the Commission for review/modification of its order dated 07.08.2019. The Commission modified its order on 09.09.2019 without issuing notice to the petitioner or granting her an opportunity of hearing. Modification was to the extent of permitting the School to continue with the existing sections till the end of the academic session. Consequently, the present writ petition has been filed with the prayer of quashing order dated 09.09.2019 passed by the Commission and for direction to respondents No. 1 to 6 to get the order dated 07.08.2019 implemented. Directions have also been sought to the said respondent to take appropriate action against respondents No. 8 and 9 for discrimination and causing mental trauma.

3. The School has filed CWP No. 32762 of 2019 for quashing the order dated 07.08.2019 and order dated 09.09.2019 passed by the Commission and for permitting the School to carry on with its practice of grouping children into sections on the basis of their marks.

4. On behalf of the State of Punjab and its officials a d