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“It was undisputed that the educational institution was being run without valid recognition from the Government concerned, and the averments in the educational institution’s counter affidavit stated that the said institution was imparting preschool education to about 300 students, teaching Quran and allied subjects.”
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The petitioner contended that 499 schools were inadequately staffed and 102 schools had no teachers available.
The State has obligation to protect Student’s Right to Pursue Higher and Professional Education.
Ground for challenge was that she performed and fared so well and excellent in all subjects including Hindi and Biology of Intermediate Examination 2025 that she was expecting and assessing herself to achieve at least 90 marks in Hindi and 96 marks in Biology.
The NHRC directed State Authorities to investigate the claims and file an Action Taken Report within two weeks.
“The respondents’ refusal to provide minimal dietary flexibility or safe insulin storage, both of which petitioner volunteered to manage at his own cost, constitutes denial of reasonable accommodation and hence discrimination per se. Even otherwise, Type-1 diabetes is not a recognized disability; therefore, exclusion of the petitioner on this ground is arbitrary and discriminatory.”
“The corpus is a bright child and wishes to pursue her studies and even attend civil services examination.”
“The fundamental right of a child belonging to a poor village studying in a primary educational institution cannot be violated by any person, even a teacher who is treated as a Government employee/State under the Constitution.”
Written by Shreya Mishra & Nandani Mishra, 2nd year students of NLIU, Bhopal who are members of PULER. They can be reached at puler@nliu.ac.in
“TET is indeed a qualification, necessary to be held by a person seeking appointment as a teacher in a school. Only upon a person obtaining such qualification can he become eligible for appointment as a teacher”.
“Building safe schools should be priority for architects, engineers, policy makers, administrators and emergency response planners.”
The NHRC also sought an Action Taken Report from the State on the complaint within one week.
“As per the rules the appellant was entitled for appointment in the subject of Social Science and therefore, she cannot be posted at a place where she is forced to teach a subject qua which she is not qualified.”
“A girl’s health condition… should not hinder her access to education merely because that of her hemoglobin was found to be below the prescribed level because of heavy menstrual bleeding.”
“No child shall be liable to pay fees and charges that prevents him/her for pursuing elementary education. The Government and Local Authorities should ensure that every child completes his/her elementary education.”
“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”
“Till a solution is found, female teacher will be permitted to send photographs of the Campus or Office of the Principal treating it to be attendance.”
GNLU submitted a written response on “India’s legal-policy framework on Safety as an Element of the Right to Education” to Special Rapporteur on the Right to Education, United Nations Human Rights Council, for upcoming report to be presented at the 59th session of the Human Rights Council in June 2025.
The University of Mumbai and Siddharth College of Law are at liberty to refuse permission to petitioner from appearing in the examination for failure to satisfy the minimum attendance criteria or any other eligibility criteria.