SATHEESAN Vs. PRINCIPAL, KENDREYA VIDYALAYA (KV-II)

JUDGEMENT

(1.) Can a child pursuing elementary education be held back in a class at the request of the parents of the Child? When the request of the father of a child, aged about 10 years, and studying in the IVth standard in Kendriya Vidyalaya, Kattaribag that his child be held back in the same class for another year was turned down by the school authorities, he has approached this Court seeking directions.

(2.) The father and mother are Government Servants and from the pleadings, it appears that they are educated. They contend that as they were very much involved in their respective jobs, they were not able to spare much time for their child. Due to COVID restrictions, the classes were held online. The petitioner states that on evaluation of his child, the parents realised that the child is below average in his studies. According to the petitioner, the teachers failed to supervise the child in a proper manner and ensure that the child understood the curriculum prescribed for the class that he was in. In the said circumstances, with the future of the child in mind, they submitted Exhibits P2 and P3 representations before respondents 1 and 2 requesting that the child be detained in the same class. They contend that the respondents did not pay heed to their request prompting the father to approach this Court with this Writ Petition.

(3.) A statement has been filed by respondents 1 and 2 through their Standing Counsel. It is stated that the son of the petitioner had attended all the online classes in the session 2020-21 with an attendance of 160/207, i.e. 77% during the current academic year. He has also scored well in academics and has secured an overall 'A' Grade. It is further stated that the Kendriya Vidyalaya Sangathan has adopted a "No Detention" policy for the academic year 2020-21 due to the Covid 19 pandemic. Under no circumstances can the child be held back in the same class is the stand taken by the respondents.