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Anil (individual)     18 March 2011

Child detained in Std II


I need some advice urgently. I would be obliged if someone guides me as to what to do. My child has been detained in Std II by a repurted ICSE affiliated school.

My wife has been seriously sick for the last two years and had to be admitted in hospitals several times. As a result the child's studies were badly affected. And though, I took utmost care to help him with education, he obviously did not perform brilliantly in the class tests. 

And he has been detained in Std II by the school management on the grounds that he did not pass four compulsory subjects on the basis of year average.

The child is smart and good. But, somehow, did not perform well in the class, on paper. Well, I must tell you, he also wets the bed once or twice even now. Need I tell you that he is only 8.

I tried to convince the school teacher and the principal. But, he is adamant on being a strict administrator and even ridiculed me.

I have two questions.

1. Can a school detain a Std II child in the same class, if it is affiliated to ICSE.

2. Does it not violate my child's right to education.

Please someone advise me urgently as to what should I do to save my child from psychological trauma. The school is re-opening on Monday and he is already preparing to join his friends, who all will move to Std III, while he would be kept in the same class.

I am pretty helpless. For no fault of his, the school is bent upon destroying a child. Sorry, I have come to know that this is a usual practice in ICSE schools in Jamshedpur.

Will some lawyer friend help me with some advice? I will always remain indebted for any advice.

Thank you in advance...





 10 Replies

Arvind Singh Chauhan (advocate)     18 March 2011

Yes it is clear cut violation of right to education, I have heard that there are lots of govt. circulars, that in primary standard child can not be failed . Try to find these circulars and inform to controlling authorites like District Education Officer etc.

For immidiate relief you can approach to High Court.

It is violation of Sec 16 of right to education Act. Which provides- "No child admitted in a school shall be held back in any class or expelled from school till the completion of elementry education."

3 Like

Ambika (NA)     18 March 2011

Arvind is absolutely right. The child cannot be detained in 2nd standard even if happens to be a slow learner...ofcourse in your case this is not so. You should take the legal recourse. 

3 Like

What's in a name (Director )     18 March 2011

Dear Anil

Noting  to worry, excepting that you have to spend a little more of your time.  Further to Arvind and Ambika's posts, please refer to page no. 6 point no. 16 . It is clearly written as Arvind has pointed out that no child would be detained in the same class or expelled till the compeltion of elementary education.


Please produce this document  and talk to the principal before taking the legal recourse. Most probabay the principal is not aware of the recent development! If your talk with the principal fails, you have to take the matter to High court,as suggested by Arvind. Do not forget to ask for compensation for all the tensions and humiliations the school has put you and your child through,  if you are compelled to go to the courts to seek justice for your child. 

Hope it helps.

Your case is very strong, and there is no need to worry. 

4 Like

Anil (individual)     18 March 2011

Dear Arvind, Ambika and "What is in a name". Thank you so much for your advice. Your words have given me courage. I was worried about doing anything fearing adverse consequences as my elder son too is in the same school. Though, it is not relevant, I would like to mention that I have a degree in law and a B.Ed. degree too. I was feeling that it was a disgrace to the education I have received if I allow this gross injustice to a child to go unchallenged.

But, this is happening in all the schools in our city. Children are being failed in Std I, II and even kindergarten.

Thanks for your advice and support. I will be filing a writ in the High Court just after Holi festival.

Thank you so much. You have restored my confidence in goodness and humanity.

I would meet the principal first, with a lawyer, and will try to make him see reason.

I will keep everyone posted about the progress.


This portal is great.


2 Like

Democratic Indian (n/a)     18 March 2011

"I was worried about doing anything fearing adverse consequences as my elder son too is in the same school."

A reasonable concern. Being "strict" does not mean violating the rights of others. You should be wise enough to challenge the common sense of the teacher and Principal, but not their ego. Inform them politely that they are violating Section 16 of Right to Education Act. If they refuse to get convinced, you may have to take legal help of The Right of Children to Free and Compulsory Education Act, 2009.

The National Commission for Protection of Child Rights can also be contacted with facts to take action

2 Like

Anil (individual)     19 March 2011

Thanks a lot, "Democratic Indian" and everybody else. Thanks really..

I studied law but am not a practising lawyer. I love you all.

I was disappointed, initially as I saw no light. India really has a great future, if there are people like you around us...thanks.

2 Like

Ambika (NA)     19 March 2011

After you have resolved this case positively , do not forget to do your bit to help other parents and children in similar situation

Wish you all the best, please keep us updated.

2 Like

Anil (individual)     19 March 2011

I will surely do something for them too. Thanks....



Kindly pay attention to this section:

The Right of Children to Free and Compulsory Education Act, 2009.



16. No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education.


 3. (J) Every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till completion of elementary education.



(/) "elementary education" means the edycatjon from first class to eighth class:


Best Of Luck.

Kumar Doab (FIN)     19 March 2011

Learned members of LCI have given their valuable advice and have enriched the forum.

You may talk sense with the information now available at your hands.

If you feel deem fit you may submit a crisp, specific,polite letter at the reception and obtain acknowledgment, which may help you, in future.

Do provide the information to other parents, and thus save the children from trauma.

Counsel your elder child at home and make him strong.

Children pick up very fast.

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