During the difficult times of Covid, amidst lockdown... a reputed school cancels the enrollment of a 5-year girl student. Also, the school creates hurdles for her 11-year sister to pay the school fees. The father makes complaints to the education department of the State Government. No action is taken by the Government Authorities for months. The reason given by the school: The school is only for the employees of Tata group of Companies, and as the father of the kids had resigned to join another employer, the 5-year-old girl must leave the school!
Finally, the 5-year Girl along with her sister move Bombay High Court to seek justice.

Questions raised in the matter:

1) Does School Managements unfettered right to manage a school and its affairs also include right to remove / cancel admission of a student? Answer is in NEGATIVE.
2) Hon'ble Bombay High Court Asked: Whether a school governed under the Act of 2009, and other statutory enactments, recognized by the Education Authorities of the State can incorporate such a condition: State Government submits - the law is silent on this aspect.

Key Argument:
When the law is silent on any aspect then the fundamental rights and principles of natural justice shall prevail! Right to Manage the School affairs does not include power of discriminatory removal of students from educational institutions.
Final hearing happened on 26.08.2021 and the school finally agreed in the Hon'ble Court to take back the 5-year-old girl child in the school. The Hon'ble High Court was pleased to pass orders to this effect!

Kudos to the parents of the 5-year and 11-year girls who have had faith in the Judiciary and gave a very important lesson to their daughters to stand up for their fundamental rights.

Satya Muley - Advocate - Bombay High Court, assisted by Mr. Shrirang Katneshwarkar, Mr. Balraj Kulkarni & Ms. Disha Dave, represented the 5-year-old girl and her sister at the Bombay High Court. (Writ Petition No 3260 of 2021)

The 5 year old girl child is once again attending regular school since first week of August 2021.

Satya Muley
Advocate - Bombay High Court.

Satya Muley
Satya is a leading Civil & Criminal Law lawyer from Western India.
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