Petitioner's counsel C. Arul Vadivel pointed out that Section 30 (1) of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 stated that no child should be required to pass any board examination till the completion of elementary education. It meant that schools could not declare a student as having failed in eighth standard and detain him / her in the same class.
On the other hand, counsel for the private school said that that it was ready to issue a certificate stating that the petitioner's son had passed eighth standard. However, he contended that his client could not be compelled to allow the student to join ninth standard in the same school because it required fresh admission on the basis of the academic background of the candidates.
Rejecting the contention, Mr. Justice Ramanathan said: "The second respondent school is having classes up to Plus Two and therefore, it cannot be stated that every student must get fresh admission for ninth standard. It is common knowledge that in a High School or a Higher Secondary School, a student who passed the eighth standard is automatically entitled to go to ninth standard."
High Court : Schools cannot persist on New Admissions