Can’t Group Students into Sections on Basis of Marks: High Court [Read Judgment]

The Punjab & Haryana HC today closed the chapter of discrimination in schools by decrying the procedure of allocating sections to the students on the basis of merit. The HC ruled that classification of children into sections on the basis of marks had the propensity of creating a feeling of inadequacy amongst students securing lesser marks. The practice was in violation of the fundamental right to elementary education.

The matter has been brought to the HC’s notice by Faridkot resident Dr Neetu Kukar, whose daughter was studying in Class VIII in a school there. The petitioner, through counsel Davinder Singh Khurana, submitted that the school was discriminating among with students & was breaching all rules & policies of imparting education.

Khurana had added the petitioner’s main grievance was the classification of the sections by the school on the basis of marks secured in the previous class. It meant that a student securing top marks would be in the top section. He would attend virtual classes, get priority, & better treatment in the school.

Taking up the matter, Justice Sudhir Mittal ruled elementary education was a fundamental right by virtue of Article 21A of the Constitution. As such, it was the state’s duty to provide free & compulsory elementary education.

Justice Mittal added education was “not bookish knowledge alone”. It was an inclusive concept & the object was all round development of children. It encompassed moral as well as mental development. Thus, a child was entitled to an atmosphere conducive to all round development.

“Necessarily, stimuli which impaired such development had to be kept out. It was the school’s duty to ensure that the children weren't subjected to negative inputs, which had the effect of inducing a feeling of inferiority,” it said.

“Classification of children into sections on the basis of their marks has the tendency of creating a feeling of inferiority among children securing lesser marks &, thus, the practice is a violation of fundamental right of elementary education.”

‘Right to elementary education fundamental’

• Justice Sudhir Mittal ruled elementary education was a fundamental right by virtue of Article 21A of the Constitution.
• As such, it was the state’s duty to provide free & compulsory elementary education, it said.

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