News By/Courtesy: K M Kalidharun | 18 Jul 2019 12:37pm IST

HIGHLIGHTS

  • The respondent contended that the writ petition filed was not maintainable because the respondents were private institutions.
  • The school and the trust has an obligation to discharge their duties under the RTE Act.
  • On the whole, the court observed that the RTE Act is applicable to private institutions.

On July 10, the Karnataka High Court pronounced that schools have no right to issue Transfer Certificates, without request from the parents of the students.

The petitioners, the students of Vyasa International School run by the Vyasa educational and cultural test, filed a petition stating that they have been expelled from their school for voicing out against overcharging and the lack of amenities in the school.

The petitioners contended that the transfer certificate issued to them must be quashed; the petitioners must be given admission for the academic year 2019-2020, and appropriate directions to the impleaded authorities must be issued.

The respondent contended that the writ petition filed was not maintainable because the respondents were private institutions. The petitioners were expelled from school on account of non-payment of fees, and the Right to Education is available only to students under the RTE quota.

On hearing the contentions made by both the parties, the Karnataka HC held that the writ petition was maintainable on the ground that it was filed by the petitioner for enforcing their fundamental rights under Article 21A. Further, the school and the trust has an obligation to discharge their duties under the RTE Act. On the whole, the court observed that the RTE Act is applicable to private institutions.

Section Editor: Sandeep G | 18 Jul 2019 12:42pm IST


Tags : #Legal

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