Under the Right of Children to Free and Compulsory Education Act, 2009, does Section 16's bar on detention or expulsion require re-admission where the school promoted the child and issued a Transfer Certificate?

No. Section 16 shields a child from arbitrary expulsion, physical punishment and mental harassment, but the school had allowed the child to complete the academic year and issued a Transfer Certificate certifying he was promoted to the Second Standard, so the statutory protection was not attracted.

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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