NATIONAL HUMAN RIGHTS COMMISSION, INDIA
handling of school management. As the welfare state is also vicariously responsible for
the lackadaisical act of its State employees which led to the death of the deceased, the
Investigation Division recommended the compensation to the child’s family, on which the
Hon’ble Commission has issued Rs. 2,00,000/- (Rupees Two Lakhs Only) compensation to
next-of-kin (NoK) of the deceased under the provision of Section 18 of the Protection of
Human Rights Act (PHRA) 1993.
2.
An 8th class student of Navodaya Vidyalaya Deoti, District Daryapur, Saran (Bihar) was not
allowed to enter in school because he had come late by two days after summer vacation
despite producing a medical certificate.
(Case No. 2358/4/32/2017)
116
i.
In this case, Rohit Raj, a student of 8th class of Jawahar Navodaya Vidyalaya (JNV) Deoti,
District Daryapur, Saran (Bihar) complained to the Commission, that, despite the medical
certificate having been submitted by him, the Principal of the School did not allow him
to enter the school, after summer vacation, because he had been late by two days due
to illness. Consequently he was deprived of his right to education. He has prayed to the
Commission for action against the guilty officials and restoration of his right to education.
ii.
On perusal of the complaint, the Commission called for a report from the authorities
concerned. Pursuance thereto, the Assistant Commissioner (Estt.-III) Navodaya Vidyalaya
Samiti (NVS), Ministry of Human Resource Development, Government of India forwarded
a report submitted by the Deputy Commissioner, Navodaya Vidyalaya Samiti, Patna,
accompanied by an enquiry report of the Assistant Commissioner-Cum-Cluster-I/C, Patna
region. The report revealed that the allegation made by the complainant could not be
substantiated. The Commission, therefore preferred to have comments of the complainant
in the matter.
iii.
The complainant/student explained specific instances when he was made to do manual
work in the school premises instead of attending the classes. As further harassment by the
Principal and the teachers, he was suspended for 15 days for not completing the manual
work up to their satisfaction. Further he was not allowed to join the school for being late
after summer vacation. It was stated by the complainant that false allegations of theft/not
attending in PTE etc. were made against him and he was asked to submit an undertaking
through an affidavit, duly attested by the First Class Magistrate, at the instance of a teacher
namely Shri Kaushal.
iv.
An Enquiry Report received in the response of Commission’s directions, revealed that
admittedly, the school administration had insisted on an affidavit duly attested by First
Class Magistrate, to maintain discipline. The said report also revealed that after the
incident, while the father of the student wants admission to a nearby JNV such as Siwan,
Gopalganj and Vaishali, but the school administration ignoring the request insisted for
JNV, Gaya-II. Upon consideration of the report, the Commission further directed the
ANNUAL REPORT 2019-20