J&K&L HC Quashes 65-Year-Old's Detention, says Cattle Smuggling isn't Public Disorder  ||  Karnataka HC Bars Denial of MV Inspector Posts over Experience with Non-Existent HGV/HPV Vehicles  ||  P&H HC: Lengthy Incarceration alone is No Substantial Change for Repeat Bail Plea  ||  Meghalaya HC Flags Amicus' Non-Appearance amid Lawyers' Strike, Stresses Loyalty to Justice  ||  MP HC: Arms Act doesn't allow Sports Firearm Licence Conversion to Self-Defence Category  ||  Delhi HC: Public Funding of LTC, CGHS Benefits doesn't Mandate Personal Disclosure under RTI  ||  Delhi HC: Fake Caste Certificate alone cannot Justify Removing Advocate from State Rolls  ||  Delhi HC Refuses to Stop Sale of 47 Law Books in Family Copyright Dispute  ||  Supreme Court: S. 394 IPC Conviction Requires Proof of Robbery or Attempted Robbery  ||  Supreme Court Questions MP HC's Cryptic Reduction of Murder Conviction as 'Shocking'    

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