HC: School cannot expel 13-year-old solely for fee arrears

Nagpur: The Nagpur bench of Bombay high court ruled that a 13-year-old student cannot be removed from school solely because of pending fees, holding that the fundamental right to education for children aged 6-14 cannot be taken away under any circumstances.A division bench of Justices Anil Kilor and Raj Wakode set aside a Bhandara-based school's leaving certificate issued to a Class 7 student over fee arrears of Rs23,900. The court held that the right to education is protected under Article 21A of the Constitution and the Right of Children to Free and Compulsory Education Act, 2009, and termed the school's decision illegal.
The school issued the leaving certificate on March 27, 2025, citing non-payment of fees, and struck the student off its rolls. The student's father then approached the HC.The school administration argued that since the institution is CBSE-affiliated and a minority institution, the RTE Act is not applicable to it. The court rejected the contention, observing that while obtaining recognition from the state govt, the school accepted the condition of complying with the relevant rules and, therefore, cannot opt out of the RTE framework.In its order, the court said the school management may levy a late fee or penal interest for delayed payments, but expelling a student before completion of elementary education is contrary to law. Referring to Section 3(a) of the Maharashtra Educational Institutions (Regulation of Fee) Act, 2011, the bench noted that the law does not provide for expulsion for non-payment of fees.