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Education is an important right that is for every child which is further "encompassed under the right to life", the Delhi High Court stated. Furthermore, when a child is in the midst of an academic session and is barred from attending school or sitting mid-session examinations due to non-payment of fees, the Delhi High Court stated in an official judgement.

The Delhi High Court issued its ruling in response to a plea filed by a Class 10th student at a private unaided school whose name was taken off the roll due to non-payment of fees, and who also sought directives to be allowed to appear in the next CBSE board examinations.

While taking a "compassionate and sympathetic view" of the case, Justice Mini Pushkarna stated that denying a student the chance to take examinations, particularly significant board examinations, would be a breach of his rights under the right to life. As a result, she issued orders allowing the student to take the board exams.

Petitioner Claims

According to the information, the petitioner stated that he was unable to pay his school fees due to his father's financial losses as a result of the Covid-induced lockdowns. The Delhi High Court stated that if the petitioner is unable to pay the fees he probably does not have the right to continue his study at the school in question, but he should not be tortured in this manner during the academic term.

In order to balance the interests of both parties, the court ordered that the petitioner pay a portion of the school's fees. It ordered the student to pay Rupees 30,000 to the school within a four-week time frame.

Significance Of Education

Education is basically a charity purpose, a form of community duty, and a child cannot be made to suffer by not being allowed to attend courses or banned from taking examinations in the middle of an academic session due to non-payment of fees, as stated by the court in a recent judgement.

According to court officials, in the context of Indian society, Class 10th and Class 12th Board examinations are extremely essential and critical, having major ramifications and influence on a student's future. Furthermore, the petitioner cannot seek admission to a new institution while the present academic session is nearly up and the Board examinations are scheduled for this year.

Article 21 Of Indian Constitution

Education is the foundation of a child's future and determines the future of society as a whole. As a result, not permitting a student to sit examinations, particularly Board Examinations, would be an infringement of a child's rights, similar to the Right to Life as mentioned in Article 21 of the Indian Constitution. The Supreme Court has broadened the rights under Article 21 of the Constitution, and one of the most important rights that would be included by the right to life is education.

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