Nagpur High Court Upholds Fundamental Right to Education in Landmark Fee Dispute Case
In a significant ruling that reinforces the constitutional protection of education, the Nagpur bench of the Bombay High Court has declared that a school cannot expel a student solely due to pending fee payments. The court emphatically stated that the fundamental right to education for children aged 6 to 14 cannot be compromised under any circumstances, setting a crucial legal precedent.
Court Overturns School's Decision to Issue Leaving Certificate
A division bench comprising Justices Anil Kilor and Raj Wakode has set aside a leaving certificate issued by a Bhandara-based school to a Class 7 student. The school had taken this drastic action over unpaid fee arrears amounting to Rs 23,900. The court firmly held that the right to education is safeguarded under Article 21A of the Constitution of India and the Right of Children to Free and Compulsory Education Act of 2009, branding the school's decision as entirely illegal and unjustified.
Background of the Case and School's Arguments
The controversy began when the school administration issued a leaving certificate on March 27, 2025, citing non-payment of fees as the primary reason, and subsequently removed the 13-year-old student from its official rolls. Following this action, the student's father approached the High Court seeking legal recourse and justice for his child's disrupted education.
During the proceedings, the school administration presented a defense, arguing that as a CBSE-affiliated minority institution, the provisions of the RTE Act should not apply to them. However, the court decisively rejected this contention. The bench observed that while obtaining recognition from the state government, the school had explicitly accepted the condition of complying with all relevant educational rules and regulations. Therefore, the institution cannot selectively opt out of the RTE framework that governs elementary education across the country.
Legal Framework and Court's Detailed Observations
In its comprehensive order, the court clarified that while school managements retain the right to levy late fees or impose penal interest for delayed payments, expelling a student before the completion of elementary education is strictly contrary to established law. The bench specifically referred to Section 3(a) of the Maharashtra Educational Institutions (Regulation of Fee) Act of 2011, noting that this legislation does not provide for expulsion as a penalty for non-payment of fees.
The ruling underscores that financial constraints faced by families should not become a barrier to a child's access to basic education. The court emphasized that the right to education is an inalienable fundamental right that must be protected vigorously, especially for vulnerable young students who depend on the system for their academic and personal development.
This judgment serves as a powerful reminder to educational institutions across Maharashtra and potentially nationwide about their responsibilities under constitutional and statutory mandates. It reinforces the principle that education is not merely a service but a fundamental right that must be accessible to all children, regardless of economic circumstances.
