Can a parent alter the factual position regarding his child's schooling status to keep litigation alive and compel re-admission?

No. The father cannot alter the factual position that the child is studying elsewhere merely to keep litigation alive, and compelling re-admission into an environment fraught with disputes between the father and the school management is not beneficial for the minor child.

Right of Children to Free and Compulsory Education Act, 2009 — s.16 — s.2(n)(iv) — s.12(c) — Transfer Certificate — Best interest of child — Right of Children to Free and Compulsory Education Act, 2009 — s.16 — No detention or expulsion — Not attracted where school issued Transfer Certificate after promotion — Held: Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 protects a child from arbitrary expulsion, physical punishment and mental harassment, but does not assist where the school allowed the child to complete the academic year and issued a Transfer Certificate certifying he was promoted to the Second Standard. (¶8) Right of Children to Free and Compulsory Education Act, 2009 — Welfare of child — Litigation between parent and school — Child not a tug-of-war rope — Held further: Where the relationship between the school management and a parent has broken down into deep hostility, forcing a child into the centre of that litigation creates a hostile and uncomfortable environment, and courts must avoid using a child as a tug-of-war rope in adult disagreements. (¶9, 10) Right of Children to Free and Compulsory Education Act, 2009 — Re-admission — Factual position on schooling cannot be altered to keep litigation alive — Held further: A parent cannot alter the factual position regarding a child's schooling status to keep litigation alive, and compelling re-admission into an environment fraught with disputes between the father and the school management is not beneficial for the minor child; writ appeal dismissed and the order dismissing the writ petition confirmed. (¶11, 12)

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