Delhi School Faces Legal Action Over Expelling EWS Students For Failing Exams

9 students from eight Class enrolled under the Economically Weaker Section (EWS) category at Modern School Barakhamba Road were issued school leaving certificates due to failing their exams. Subsequently, their parents have served a legal notice to the school, demanding readmission for their children in the same grade and continued education under the EWS category.

Private schools in Delhi are required to reserve 25% of entry-level seats for EWS children. According to the Delhi Right of Children to Free and Compulsory Education Rules, 2011, schools situated on government land, like Modern School, Barakhamba, must offer free education to EWS children beyond elementary levels.

Efforts to obtain comments from school principal Vijay Datta through messages and email remained unanswered. Principals of other private schools in Delhi noted that students failing a grade are typically not expelled but are expected to repeat the year.

Parents of the eight students mentioned that their children, four boys and four girls, had joined the school in nursery. While seven students failed compartment exams in Maths and Science, one student did not pass English and Computer Science.

Expressing dissatisfaction, one parent stated, “The school indicated that readmission wasn't an option and suggested enrolling them in open schooling for class 10. However, these students aren't old enough for such a system... The school should have offered another chance and assistance. It has been over a month since classes commenced for others, yet these students remain at home.”

Another parent lamented the difficulty of securing admission elsewhere, given their child's long tenure at the school.

The legal notice, dated May 6, issued to Modern School Barakhamba Road, cited Rule 11(3) of the Delhi Right of Children to Free and Compulsory Education Rules, 2011, mandating free education till completion of secondary/senior secondary levels.

As per the notice, the compartment exam results were declared on April 22, yet the students haven't been readmitted despite repeated pleas.

Advocate Ashok Agarwal, representing the parents, revealed they were summoned to the school and requested to apply for readmission.

Principals of other private schools affirmed that students failing compartment exams in Class IX typically repeat the year rather than being expelled. Sudha Acharya, Principal at ITL Public School, emphasized retention in the same class for such students.

Tania Joshi, Principal of The Indian School, concurred, stating that students failing compartment exams are retained in the same class and not forced to leave. She emphasized the school's commitment to accommodating students' continuation.