KOCHI: The Kerala High Court has held that the right of a child pursuing elementary education to get admitted to a class appropriate to his or her age cannot be denied for non-production of transfer certificate (TC). Justice Raja Vijayaraghavan issued the order while allowing the petitions filed by 17 students, all aged around 12, seeking a directive to permit them to continue their studies without insisting on TC.
As per their petitions, the students were studying in Class 5 in ALP School, Kottassery, Palakkad, when Covid broke out. Subsequently, schools were closed, and they too had to learn through virtual classes. They were able to learn most of the Class 6 portions by watching KITE Victers TV channel.
Their parents too helped them with their homeschooling, the students submitted. However, since their school has classes only till standard V, they applied for a TC, and on getting it, approached the headmistress of SJHS Puthokkode in Alathur, requesting permission to join Class 7. However, the headmistress forwarded their applications to the Palakkad District Education Officer (DEO) seeking clarifications. The DEO did not take any action, said the petitioners.
The court said, as per Section 4 of the Right of Children to Free and Compulsory Education Act, a child shall be admitted to a class appropriate to his or her age. The provision also says a child so admitted has the right to receive special training so that he or she can be at par with their classmates. The child is also entitled to free education till the completion of elementary education even after 14 years, the court said.
It directed the SJHS headmistress to admit the petitioners to Class 7 without insisting on TC from ALPS, Kottassery.