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Classification of children into sections on the basis of marks is likely to create feeling of inferiority. Thus, it is a violation of the fundamental right of elementary education, the Court said.
The Punjab And Haryana High Court recently put an end to a school's decision classify its students into different sections on the basis of marks secured in the previous examination.
The practice had been adopted from Class VI onwards in the Dashmesh Public School. Allowing a writ petition filed by the parent of a student, the Court found that such a classification was violative of a child's fundamental rights.
Justice Sudhir Mittal observed,
He went on to explain that, "Classification of children into sections on the basis of their marks has the tendency of creating a feeling of inferiority amongst children securing less marks and, thus, the practice is a violation of fundamental right of elementary education."
Further, it was held, that "If an action induces a sense of inferiority in a child, it is being denied the right to development and growth at par with a child who does not suffer from such feeling of inferiority."
"Under the constitutional scheme, institutions providing elementary education are bound to create a free and open atmosphere that promotes a sense of equality. Any action which promotes inequality cannot be permitted."
Punjab and Haryana High Court