Chembur school relents, admits four-year-old kid

Mumbai: The Bombay high court on Monday said the right to free and compulsory
education for children should not remain a “dead letter’’, even as a Chembur school said
that a four-year-old earlier refused admission had now been admitted.
A bench of Justices Vidyasagar Kanade and Mahesh Sonak was informed by the advocate for
Lokmanya Tilak High School at Tilaknagar that Kartik Kanojia attended school on Monday.
Kartik’s mother, Rita, had moved the HC after she was told to pay Rs 30,000, and could not
pay up even when it was reduced to Rs 10,500. The judges expressed “sincere appreciation’’
to the school, and added, “We hope and trust the school shall take appropriate care of such
students.’’
The bench said the Right of Children Free and Compulsory Education Act for children aged
6-14 was no longer a statutory right but a fundamental right, due to the inclusion of Article
21A, which makes education a fundamental right. “This fundamental and statutory right,
guaranteed to every child, including a child belonging to disadvantaged and weaker sections,
should not remain a dead letter,” it added.
Observing that the issue raised is of “public importance’’, the judges converted it into a PIL.
“We want to find out what can be done. No point passing an Act and not doing anything,
especially for those really affected,’’ said Justice Kanade. The judges said they had come
across many cases of children belonging to weaker sections not being given admission in a
neighbourhood school merely because they are unable to pay school fees.
The state was directed to “inform of steps taken and it proposes to take’’ to ensure children
are given rights. The Union has to reply if rules are framed under RTE. The Brihanmumbai
Municipal Corporation has to provide details of its schools and to state if it is free
education.
A battle won
As Rita Kanojia’s son got ready for his first day of school, it was a battle won for the family
on Monday. The family, who live in a slum in Chembur, fought against the admission
system of a private school.
Rita is a widow with three children. Her two older daughters study in the same school,
where their brother was denied admission due to the family’s inability to pay fees. “Life is
tough, I work only to provide for my children. Everything I do, it’s only for their happiness.
They give me strength. I am certain all hardships I face while providing them good education
will pay off when they grow up and begin taking care of me when I am old,” said Rita.
She received help from advocate Prakash Wagh to fight the case. “We are struggling to make
ends meet since the death of their father. I only have to focus on the needs of my children,”
she said. The school authorities were unavailable for comment and calls to the principal
went unanswered. --Toyoja Upadhyay