HC rejects petition of 4 students expelled from Malad school

Bombay high court on Tuesday rejected the petition four students, admitted in a Malad school under the Right of Children to Free and Compulsory Education (RTE) Act, 2009, who were expelled after it came to fore that their parents had submitted forged income certificates to gain eligibility.

The division bench of Chief Justice Manjula Chellur and Justice MS Sonak turned down the petition filed by Mangal Pandey (7), his brother Arjun (5), Ayush Mishra (7) and Dev Mishra (5) primarily on the grounds that they did not espouse alternate remedies available under the RTE Act. While Mangal and Ayush were studying in Class 2, the other two petitioners are in pre-primary.

The bench said that under the RTE Act, in-house mechanism has been provided for redressal of grievances of violation of any of the rights conferred by the Act on children, and the aggrieved person can approach local authorities like municipal corporations or municipal councils or the State Commission for Child Rights, and the authorities can pass appropriate orders.

The bench also refused to order Gokuldham High School and Junior College to allow the students to attend school as an interim measure, primarily noting that the parents approached education authorities and obtained orders from them.

The observation came after the counsel for the petitioner pointed out that in May 2016, their parents received letters from the school that they have submitted forged income certificates and their wards were therefore being expelled.