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The Delhi High Court has sought response from the Delhi Government on Tuesday in a PIL challenging the circulars issued by state government which put a bar on the maximum number of attempts in Class IX-XII.

Justice C Hari Shankar issued notice on a petition filed by Advocate Ashok Agarwal challenging the Department of Education Circular dated Aug 27, 2018 that debars students who failed twice in Class IX from taking admission in Delhi government schools. Court permitted students to study in class 9 in Government Schools (2019-2020) as interim measure.

Petitioner Shiva failed twice in the Class IX examinations due to acute pneumonia followed by post-illness obstacles due to which he was denied re-admission in school. The petition claims that the Circular denying re-admission violates the Constitution of India, Right of Children to Free and Compulsory Education Act, 2009 along with Rule 138 of Delhi School Education Act, 1973.

Regarding the denial to re-admission, a representation was sent to Deputy Director of Education, Delhi government followed by a letter by All India Parents Association (AIPA) to the Delhi CM. These letters did not get any response after which this petition was filed in the court.

The petition says that the circulars are “antithesis to the constitutional entitlements bestowed upon citizens of this nation” and that it is the imposition of an “unreasonably harsh restriction in the form of maximum no. of attempts”. The circulars are also in direct conflict with the Rule 138 of Delhi School Education Act.

The petitioners referred to another writ petition titled Master Kaushik Pramanik (Minor) v Govt. of NCT and Anr. In which under the same scenario, court had allowed the petitioner to attend classes.

In the meantime, the Court has directed the Government to allow the boy to continue in class.

Court will next hear the matter on August 26, 2019.

-India Legal Bureau

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