Report on Lack of AC, Drinking Water and WiFi at DU Law Faculty Sought by Delhi High Court  ||  All. HC: DCP Pulled Up for Directing Further Investigation Without Leave of the Magistrate  ||  Kerala HC: Husband Acquitted u/s 304B IPC Can be Held Guilty u/s 498A IPC if Facts Permit  ||  Karnataka Prohibition of Violence Against Advocates Act, 2023 Comes Into Effect From 10th June, 2024  ||  Karnataka HC: PIL Seeking Declaration that Temples are Not Public Authorities, Dismissed  ||  Bom. HC: Karan Johar Files Suit Against Makers of the Film “Shaadi Ke Director Karan Aur Johar”  ||  Mad. HC: Bar Associations to Pay 15000 to 20,000 to Junior Lawyers Practicing in State  ||  Kerala High Court: E-Toilets to be Build for Flood Affected Tribal Families  ||  Amalgamation of Air Asia With Air India Express Approved by NCLT  ||  SC: Accused Refusing to Undergo Medical Examination Amounts to Non-Cooperation With Investigation    

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



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


Share :        

Disclaimer | Copyright 2024 - All Rights Reserved