Classification of children into sections on the basis of their marks is a violation of fundamental right of elementary education

 

Justice Sudhir Mittal

Punjab and Haryana High court

“Education is not bookish knowledge alone. It is an inclusive concept, the object being all round development of children. It encompasses moral as well as mental development. Thus, a child is entitled to an atmosphere conducive to all round development. Necessarily, stimuli which impair such development, have to be kept out.”

 

 Right of Children to Free and Compulsory Education Act, 2009 - Commission for Protection of Child Rights Act, 2005.

 

Constitution of India, Article 21-A  - Elementary education is a fundamental right - Classification of children into sections on the basis of their marks has the tendency of creating a feeling of inferiority amongst children securing less marks and, thus, the practice is a violation of fundamental right of elementary education.(2020-2)198 Punjab Law Reporter 001 

 

Constitution of India, Article 14  -  Classification of children into sections on the basis of their marks  - Violates the right of equal opportunity enshrined in the Constitution -  If an action induces a sense of inferiority in a child, it is being denied the right to development and growth at par with a child who does not suffer from such feeling of inferiority -  Under the constitutional scheme, institutions providing elementary education are bound to create a free and open atmosphere that promotes a sense of equality - Any action which promotes inequality cannot be permitted. (2020-2)198 Punjab Law Reporter 001 

 

 

THE 

 

PUNJAB LAW REPORTER

SUBSCRIPTION  2020

 

 (for 4 unbound volumes including Important Judgements)

 

Rs. 2800/-