Securing Your Child's Right to Education
Don't let schools block your child's future. Whether it is admission denial or illegal TC withholding, understand your legal rights and take action.
This is the reality for so many parents. A mother pleads for help after a Delhi government school illegally denied admission to her 11-year-old daughter with special needs. No child's right to education can be denied, especially not for a child with a disability. This is the shoshan I fight against every day.
My work often takes me into the heart of Delhi's slums. A quiet moment with a young boy reminds me why this ladai (fight) is so important. Every child deserves a future, and it begins with a simple, human connection and the promise of an education.
In an interview with Zee News, I explain a critical legal point: schools cannot withhold a student's Transfer Certificate (TC) over fee disputes. This is a gairkanooni (illegal) practice I frequently challenge in court to ensure a child's education is not held hostage.
This is Zaib. After my intervention last year, he got admission into a government school. He now works part-time at a ration shop to support his family while continuing his studies. Seeing his motivation is the greatest reward and strengthens my resolve.
I am speaking out against a shameful practice in Delhi's government schools. Many are illegally denying re-admission to students who fail or get a compartment in classes 9 through 12, forcing them into open schooling. This is a direct violation of their adhikar (right) to education.
While passing the Nizamuddin Bridge, I saw these children who should be in a classroom, not waiting for handouts. It is the government's responsibility to ensure every child is in school. This is a national shame, and we must hold the system accountable.
My office is often crowded with parents and students who have nowhere else to turn. They come with hope, seeking a way to fight the system. I listen to every story because each one represents a family's struggle for their child's future.
About Featured
If a school is refusing your child admission or withholding a Transfer Certificate, you do not have to accept it. Many schools hide behind excuses like missing documents or fee disputes, but the law requires them to prioritize the student. Before you walk away or pay an arbitrary fee, know that there is a formal legal path to hold them accountable.
Common Barriers I Fight
Schools often create arbitrary hurdles to deny admission or force students out. I frequently handle cases involving:
- Admission Denial: Schools rejecting children for lacking specific documents like birth certificates or Aadhaar, which is illegal for EWS students.
- TC Withholding: Principals often refuse to release a Transfer Certificate over unpaid fees. This practice is prohibited, as a child's education cannot be held hostage for money.
- Forced Re-admission: Schools often illegally push students who failed Class 9 or 11 into open schooling rather than allowing them to continue in regular classes.
The Legal Process
Fighting the system requires more than just requests. It requires a formal paper trail. My process typically follows three steps:
- Direct Dialogue: Often, a firm conversation with the school authorities reminds them of their legal obligations under the RTE Act and the Delhi School Education Act.
- Legal Notice: If the school remains non-compliant, I draft and issue a formal legal notice on my letterhead. This establishes a pre-litigation record and acts as a final warning.
- Court Petition: For cases that require stronger action, I file a Writ Petition in the Delhi High Court. I focus on securing immediate interim orders so your child can attend class while the case proceeds.
Why You Should Act
Your child's education is a constitutional right, not a favor granted by a private or government school. By taking a stand, you protect not only your child but also other students from facing the same shoshan (exploitation). I am here to ensure that you are not intimidated by school authorities and that you have the right legal support to win this fight.
Ashok Agarwal
I have spent four decades in the Delhi High Court standing against schools that put profit over students. My office is a place for parents who have been told no by the system, and together, we turn those rejections into the education your child deserves.
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