HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Electro Homeopathy; Right to Education; Universal Studios; Custodial Torture, and more
A quick legal roundup to cover important stories from all High Courts this week.
right to education
[Right to Education] Delhi High Court grants provisional admission to a Disadvantaged Group Category Student
The petitioner’s daughter is a child belonging to DG in the SC category within the meaning of Section 2(e) of the Right of Children to Free and Compulsory Education Act, 2009 (“the RTE Act”) and is, therefore, entitled to free, compulsory and elementary education till its completion under Section 12(c) of the RTE Act.
Kerala HC directs State to formulate guidelines in tune with Kerala Education Rules about the importance of playground in schools
“A playground in a school is a part and parcel of the school. Without a playground, there cannot be a school. The education of the children is not in the classroom alone; it should spread to the playground as well. Playgrounds are the ultimate classroom where children learn through play. The playground is where the children can themselves shine mentally and physically”
Article 21A mandates free and compulsory education up to 14 years, without the freedom to choose a specific school: Delhi High Court
The right available under Article 21A of the Constitution or under Section 12 of the RTE Act is only to free and compulsory education till the age of fourteen, not for being provided such education in a particular school.
Article 30 does not give power to the State Government to establish Educational Boards; Allahabad High Court holds UP Madarsa Education Act unconstitutional
“A perusal of syllabus of the Madarsa Board shows that the education provided therein is only of languages and Islam as a religion with a little touch of maths etc. The modern subjects including science are only optional and entire school education can be completed without studying modern subjects.”
Delhi High Court imposes 10 lakhs cost on father of a minor student for availing EWS benefits by misrepresentation; Issues directions for RTE compliance
The present case reflects a tormenting situation where the opulent class is putting in blood, sweat and tears to reap the benefits of EWS reservation at the expense of the economically marginalized candidates. A calculated attempt at subverting the cherished constitutional vision of education for all is under scrutiny in this case.
Read why Allahabad HC took suo motu cognizance of deficiencies in running child care institutions
Allahabad High Court directed the State Government to undertake an exercise for admission of the children in reputed schools in the vicinity of the homes.
“Right to education not only includes free and compulsory, but also quality education”; Supreme Court rules B.Ed. Graduates ineligible for primary school teaching
Supreme Court said that B.Ed. is not a qualification for teachers at Primary level of schooling. The pedagogical skills and training required from a teacher at Primary level is not expected from a B.Ed. trained teacher.
[Suicide] | Educational institutions must recognise the malady of harsh discipline so that lives of young souls can be saved: Karnataka HC
“Spare the rod and spoil the child” has metamorphosed into “spare the rod and teach the child”, said Karnataka HC while considering a quashment petition by the authorities of Karumbaiah Academy who were alleged to have been responsible for a student’s suicide.
Delhi High Court directs University to consider 59-days maternity leave application of an M.Ed regular course student against theory class
Delhi High Court observed that the citizens could not be forced to choose between their right to education and their right to exercise reproductive autonomy.
Gauhati High Court directs Department of School Education to take appropriate actions against schools violating Right to Education Act, 2009
The High Court was hearing a bunch of petitions highlighting the violation of Right of Children to Free and Compulsory Education Act, 2009 by certain schools.
Karnataka High Court slams the State authorities for delaying the reconstruction of a village school demolished to widen the Mysore Highway
Coming down furiously over the respondents Karnataka High Court reprimanded them for indulging in red-tapism and being apathetic to the educational needs of the children.
Gauhati High Court directs Assam Government to properly implement policies framed in pursuance of Right to Education Act
Gauhati High Court was deliberating over a PIL filed to highlight ineffective implementation of State govt.’s policies framed as per the mandate in Section 12(1)(c) of RTE Act, 2009
Madras HC cracks down on school for denial of admission to child diagnosed with Autism Spectrum Disorder
Madras High Court found the refusal for admission to child suffering from mild autism spectrum disorder to be distressing and violating the child’s fundamental right to education.
Delhi High Court permits student to take exams who was debarred from school for non-payment of fees; Necessitates the balance between Rights of child and Rights of School
The rights of a child to education have to be balanced with the rights of the school under the DSER, 1973. If the petitioner is unable to pay the fees of the school, the petitioner certainly does not have a right to continue education in the school in question. However, the petitioner cannot be tormented in this manner in the middle of the academic session.
Hijab Ban Split Verdict: Justice Gupta says no right to wear Hijab to a secular school; Justice Dhulia bats for right to education of Hijab wearing girls
Supreme Court: The Hijab Ban controversy in the State of Karnataka is far from coming to an end as the bench of
‘Right to establish an educational institution is a fundamental right’; Pharmacy Council of India can only impose moratorium by way of a law and not by execution instruction: SC
Supreme Court: The bench of BR Gavai* and PS Narasimha, JJ has held that the right to establish an educational institution is
Delhi High Court takes suo motu cognizance on a bail application facilitating admission of an 8-year-old child whose parents are in judicial custody
It is not only in cases dealing with family disputes that the rights and welfare of the child should be considered but also in the cases as the present one, the courts can become and act as the parent of the child and ensure that the child is not deprived of its Fundamental Right to Education.
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Allahabad High Court Disability In a case where an employee of Central Bank of India petitioned to be exempted from routine transfers