Any action promoting inequality cannot be permitted: P&H HC directs school to discontinue classifying children into sections based on marks

The Punjab And Haryana High Court recently put an end to a school's decision classify its students into different sections on the basis of marks secured in the previous examination. .The practice had been adopted from Class VI onwards in the Dashmesh Public School. Allowing a writ petition filed by the parent of a student, the Court found that such a classification was violative of a child's fundamental rights..Justice Sudhir Mittal observed,.“The modern trend of education is to make the same stress free and, thus, system of grading has been introduced. The action of the School is contrary to this thought process.”Punjab and Haryana High Court.He went on to explain that, "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.".Further, it was held, that "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."Punjab and Haryana High Court.The Court was informed that in this case, a child who was had been unable to score enough marks to be part of the "top section" had become extremely upset and even attempted to end her life..The petitioner sent representations over the issue to various officials of the Central Government, State Government, Central Board of Secondary Education and the National and State Commissions constituted for the protection of child rights..Eventually, the Punjab State Commission for Protection of Child Rights took cognisance of the issue and issued notice to the school. The school defended its policy citing an age old norm to bring homogeneity in the class..The State Commission, however, directed the school to discontinue the practice in August 2019. The school was also asked to reshuffle the sections within 10 days from the date of receipt of the order..The school and some parents of children in the top section, however, approached the Commission for a review of its order. The Commission, in turn, modified the order in September, without issuing notice to the petitioner or granting her an opportunity of hearing..The modification permitted the school to continue with the existing, classified sections till the end of the academic session. Aggrieved by this modification, a writ petition was filed before the High Court to quash the same and implement the original order..The High Court, in turn, placed reliance on Article 21-A of the Constitution of India to emphasise that,.“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…..It is the duty of a school to ensure that children are not subjected to negative inputs which have the effect of inducing a feeling of inferiority.”Punjab and Haryana High Court.Finding that the classification introduced by the school could create a feeling of inferiority among children securing less marks, the Court proceeded to hold that the State Commission for Protection of Child Rights had a duty to put an end to the same. .While the Commission's recommendations in this regard are only recommendatory, the High Court noted that the original directive ought to have been implemented by the authorities concerned.."... where violation of a fundamental right is brought to the notice of the State or its functionaries, it is their duty to ensure that the violation is removed forthwith. The order dated 07.08.2019 was also forwarded to the Deputy Commissioner, Faridkot, and he should have taken remedial action immediately."Punjab and Haryana High Court.The Court also found that the modification order passed by the State Commission in September 2019 was without jurisdiction. .In view of these observations, the High Court ruled that the petitioner was entitled to have the original order of the State Commission implemented. The writ petition filed by the parent was allowed. .However, keeping in view the fact that the examinations were around the corner, the school was directed to implement the order of the Commission from the next academic session..[Read the Judgement here]