An educational trust in Navi Mumbai has moved the Bombay High Court challenging an order of Deputy Director,School Education,Mumbai,directing them to reinstate four students who had allegedly failed to pay their fees for an entire academic year. While the Deputy Director passed the order in view of the Right to Free and Compulsory Education (RTE) Act,2010,the trust claims since the school is unaided,restrictions on taking such disciplinary action do not apply to it. According to Tilak Education Society,which has filed the petition,the parents of four primary school students had refused to pay fees for the academic year of 2010-11 and had harassed the school authorities throughout the year. The school had expelled the students after the academic year was over. However,in an order dated July 5,2011,the Deputy Director directed the school to reinstate the students,citing Section 16 of the RTE Act,which states no child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education. While challenging the order,the petitioners have also questioned his authority to give such a direction. Arguing for the petitioners,lawyer C K Thomas said,This is an absurd situation in which the parents are refusing to pay the fees,and the state is not making up for it. Thomas argued since the school does not receive any aid or grant from the government,such obligations under the RTE Act cannot apply to it. However,arguing for the state government,Nitin Deshpande,said the Act applies to all recognised schools,including unaided ones. Responding to the petition,Justice B H Marlapalle said,The government must ensure the rights of such schools are not taken away. The Act must not create impediments in their functioning. The case was adjourned after the amicus curiae Prasad Dani submitted that the parents of the students are ready to give an undertaking that they will not disturb the school authorities and will pay the fees for the ongoing year. Also,they will withdraw their wards from the school after completion of the academic year.
