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What to do in case of unfair practices being used by school
24-Jan-2023 (In Civil Law)
A leading Delhi school kept my child (Age 6) under reprimand for about 2 hours on the pretext of "caught cheating” during test. I was called to school immediately where the principal and headmistress junior school shouted at the top of their voices for about 30 minutes. My child was crying and extremely traumatized. At the time of child’s admission it was clarified to principal, headmistress and class teacher at several occasions that my child comes from a school where there were no tests and exams and hence may need time to settle down in new environment. It has been only 50 days she has attended this school. The school website says they have a counselor on roll but her services were not used to counsel the child. Now as further punishment they have excluded her from school trip and sports day which is so unfair resulting in mental torture. Any form of corporal punishment is banned by NCPCR and RTE act 2009. What legal choices do I have to act against the school at the earliest?
you should file a complaijt against such people before the Delhi School Tribunal seeking action to be taken against them and if no relief is provided by the tribunal you should go in a writ to the high court
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Adv. Shobhit Bhatia
Delhi | 100+ Answers
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You can file complaint against school authorities and it's staff before police and education ministry.
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Adv. Anil Upadhyay
Delhi | 25+ Answers
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Yes any kind of corporal punishment is not allowed by any school. Her expulsion from the school trips and sports amout to torture and humilation of the child. First you decide to whether you want your child to continue in same school and legal action you need legal action against them. Meet for further consultation.
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Adv. Lalit Kumar Sharma
Delhi | 100+ Answers
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Sir. This is with reference to the legal query sought. The misconduct of the school authorities is uncalled for and I opine you that you should immediately lodge a criminal complaint with police and thereafter file a criminal case against the school. I would further advise that in order to have a stringent and a deterrent affect on school, forward the representation to NCPCR and other concerned authorities. Regards, AAKRITI JAIN
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Adv. Aakriti Jain
Delhi | 25+ Answers
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Practically, you can try writing to the senior authorities of the school explaining your greivance. This should work irrespective of whether the school in question is public or private.
On the other hand, you may certainly approach the court to ask for remedies including injunction or damages or both. However in order to pursue this action you would be advised to ascertain the following- namely, whether the school isln question is one to which the Acts mentioned by you are applicable. This would generally be the case, but in absence of specific details it cannot obviously be guaranteed. Secondly, the particular court/tribunal/authority under the said Acts which have been conferred jurisdiction to handle cases under these Acts. In absence of any such special mention, a civil court would have jurisdiction. Thirdly, the remedies available under the Acts. Finally, of course if infact you have a cause of action under the Act, which I assume you do, as stated by you in the question.
On the other hand, you may certainly approach the court to ask for remedies including injunction or damages or both. However in order to pursue this action you would be advised to ascertain the following- namely, whether the school isln question is one to which the Acts mentioned by you are applicable. This would generally be the case, but in absence of specific details it cannot obviously be guaranteed. Secondly, the particular court/tribunal/authority under the said Acts which have been conferred jurisdiction to handle cases under these Acts. In absence of any such special mention, a civil court would have jurisdiction. Thirdly, the remedies available under the Acts. Finally, of course if infact you have a cause of action under the Act, which I assume you do, as stated by you in the question.
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Adv. Nikhil Sabharwal
Chandigarh | 25+ Answers
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