Delhi HC: Property Disputes Between In-Laws and Daughter-In-Law are Not Exclusively For Family Court  ||  Delhi High Court: After Probate is Granted, A Will Does Not Require Fresh Proof under Section 68  ||  Ker HC: Periodic Replacement and Maintenance of Prosthetic Limb Must Be Included in Compensation  ||  Madras High Court: DNA Test Not Required For Mother to Donate Kidney to Her Son  ||  Delhi HC: Pre-Summoning Evidence Opportunity Must be Granted Even in Civil-Natured Criminal Cases  ||  J&K&L HC: UAPA Trials Cannot Linger and Must Proceed With Day-To-Day Hearing under NIA Act  ||  Allahabad HC: FIR in Disproportionate Assets Case Not Vitiated For Lack of Pre-Registration Hearing  ||  Allahabad HC: FIR in Disproportionate Assets Case Not Vitiated For Lack of Pre-Registration Hearing  ||  Delhi HC: Private Schools May Increase Fees Without Prior Approval if Declared Before Session Begins  ||  Supreme Court: Omission of Accused in Inquest Report Alone Does Not Indicate Innocence    

Sobha George Adolfus v. State of Kerala and Ors. - (High Court of Kerala) (10 Jun 2016)

Children have right to promotion in minority institution up to elementary level

MANU/KE/0715/2016

Education

Applying the ‘best interest’ principle, Kerala High Court granted an elementary school student benefit of Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 permitting him to move up a grade.

In the instant case, the school was protected from application of the Act by its minority status. Nevertheless, the court questioned if Section 16 of the Act was a “mere statutory right or can be treated as a fundamental right”.

It reiterated norms safeguarding the best interests of children effectively elevated statutory rights under the Act to fundamental rights - capable of being enforced against private minority schools. Moreover, minority institutions could not claim a superior right in terms of the Constitution to deny rights of others. Denial of others’ rights would necessarily require nexus or relation with the object of protection of the minority character of the institution.

The court was of the view that holding a child back from promotion at elementary level would not a ‘right’ of the school protected by the constitution.

Relevant : People's Union for Democratic Rights and others v. Union of India and others MANU/SC/0038/1982 Ahmedabad St. Xavier's College Society and another v. State of Gujarat and Another MANU/SC/0088/1974

Tags : MINORITY SCHOOL   ELEMENTARY   STUDENT   PROMOTION   FUNDAMENTAL RIGHT  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved