MRS.SOBHA GEORGE ADOLFUS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the grandmother of a child, by name, Acquin Victor, a student of 6th standard in St.Joseph Public School, Pattanakkad, Cherthala, the 3rd respondent herein.

(2.) The issue in this writ petition is about the denial of promotion to the child from 6th to 7th standard by the 3rd respondent school during the academic year 2015-16. Petitioner's claim is based on Section 16 of the Right to Education Act (hereinafter referred to as the "RTE" Act, for short). Petitioner approached the various authorities, including the Government. Though the Government appeared to have issued certain directions, those directions have not been complied with by the school authorities, stating that, the school is an unaided recognized minority institution. It is also seen that an order has been passed by the Kerala State Commission for Protection of Child Rights, Thiruvananthapuram, recommending the school authority to promote the child from 6th to 7th standard, forthwith. The order was passed on 13.10.2015. However, all attempts of the petitioner ended in vain, on account of non -compliance. Accordingly, the petitioner approached this Court.

(3.) In the counter filed by the school authority, a certificate issued by the Government of India has been produced, conferring minority status to the school. Therefore, it is contended that, in the light of the judgment of the Hon'ble Supreme Court in Pramati Educational and Cultural Trust v. Union of India (2014 (2) KLT 547), the petitioner, cannot claim any right based on Section 16 of the RTE Act.