NATIONAL HUMAN RIGHTS COMMISSION, INDIA Navodaya Vidyalaya Samiti to submit an action taken report in view of the comments of the complainant. v. Accordingly, another report was received by the Commission from the Assistant Commissioner, Navodaya Vidyalaya Samiti, Ministry of Human Resource Development, Government of India stating therein that the complainant reported late by 5 days on the opening of the school after summer vacation and he was insisted for some undertaking, on which the father of the student became enraged and started shouting that it is the responsibility of the school and he will not submit any undertaking, and left the school along with his son. It is submitted in the report that thereafter he started writing to different authorities against Shri Manoj Kumar, House Master and Principal of the school. The report further stated that the student was given a second chance to continue study at JNV, Gaya-II but the father refused to receive the letter. On 14.12.2017 the father of the student was informed to appear before the Enquiry Officer at NVS Regional Office Patna but he refused to meet the Enquiry Officer. The Enquiry Officer also stated to have visited the native village of the student and an inquiry was conducted. The inquiry officer tried to counsel both of them but the father refused to send his son either to JNV Saran or attached JNV Gaya-II and insisted on taking action against Principal, Shri Manoj Kumar, Junior Head Master and Shri Kaushal Kumar, Senior Teacher. As the student was not willing to continue studies, a Transfer Certificate was issued inApril, 2018. It is concluded in the report that the student never approached NVS Regional Office Patna or NVS Headquarter for lodging a complaint in writing or in person. It is concluded that the student was never denied continued studies in the school and the complaint is for ulterior motive. vi. The perusal of the report clearly revealed that the contents of the same was not different from the earlier report of the Deputy Commissioner rather the entire school administration and other senior officers had thrown their weight only to protect the erring school teachers/principal, diluting the main issue i.e. to restore and protect the fundamental right of the student to continue with his education. vii. Observing that education is the special manifestation of a man and is a treasure which can be preserved without the fear of loss. The right to education is implicit under Article 21 of the Constitution of India. However the parliament in their wisdom included a new provision in the form of article 21A in part III of the Constitution which provides that the state shall provide free and compulsory education to all children of the age of 6 to 14 years (constitution 86th amendment, 2002). This was followed by a Central Act namely Right of Children to Free and Compulsory Education Act, 2009. Section 16 of the said Act prohibits holding back and expulsion of a child from school. Section 17 prohibits physical punishment and mental harassment to a child failing which the guilty official/teacher is liable for disciplinary action. Section 31 of the said Act prescribes protection and monitoring of the child’s right to education by the National Commission for Protection of Child Rights constituted under the Protection of Child Rights Act, 2005. Any person ANNUAL REPORT 2019-20 117