KITTY SANIL Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner in the writ petition is the mother of Varkey Mathai, a minor aged 12 years, who was a student of standard VI in the 3rd respondent School during the academic year 2014-2015. She is aggrieved by the stand taken by the 3rd respondent School that her son will not be promoted to standard VII in the academic year 2015-2016, set to commence in June this year, for the reason that his academic performance in standard VI was not satisfactory.

(2.) The 3rd respondent School relies on the norms/guidelines issued by the 2nd respondent Board with regard to assessment of academic standards, to contend that the petitioner's son did not match upto the requirements in his academic performance, and therefore, cannot be promoted to standard VII in the School. In the writ petition, the petitioner seeks the issuance of a writ of mandamus to direct the 3rd respondent School to promote her son to standard VII in the School during the forthcoming academic year. She relies on the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the 'RTE Act'), to contend that the the 3rd respondent School, which does not dispute the applicability of the Act to it in these proceedings, is statutorily obliged to promote her son to the next higher standard, corresponding to his age, and continue to do so every year till he attains 14 years of age, without subjecting him to any screening procedure or detaining him in any particular class for any reason whatsoever.

(3.) The contentions of the petitioner are vehemently opposed by the 3rd respondent School which would contend that an interpretation of the provisions of the RTE Act in the manner suggested by the petitioner, would result in a lowering of the standard of education in the institute, and further, that no student is entitled to an automatic promotion without attaining the minimum academic standards that are required to be met at the relevant level.