- (1.) The petitioner no.1 is the minor child of the petitioner no.2. The petitioner no.1 is a student of Class V of Patha Bhawan School. The said school is a recognized private unaided school imparting Primary or Elementary, Secondary and Higher Secondary Education among its students. The said school is a co-education school. Though, the said school does not get grant in aid but it receives dearness allowance from the Government for its teaching and non-teaching staff. Thus, the said school is regarded as a school within the meaning of the school as defined in Section 2(n) of the Right of Children to Free and Compulsory Education Act, 2009, hereinafter referred to as the said Act, with effect from 1st April, 2010, when the said Act came into operation in view of the notification published under Section 1(3) of the said Act.
(2.) The petitioner who is presently aged about 10+ years and is reading in Class V of the said school is entitled to get the protection under the said Act as a child as he comes within the definition of child as defined in Section 2(c) of the said Act.
(3.) Section 16 of the said Act provides that no child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education . Elementary education has also been defined in Section 2(f) of the said Act which provides that elementary education means the education from 1st class to 8th class.;