NATIONAL HUMAN RIGHTS COMMISSION, INDIA having any grievance relating to the right of a child may file a written complaint to the local authority having jurisdiction which shall be addressed within a period of 3 months after hearing the parties concerned (Section 32). Provision has been made to set up a child helpline to register complaints regarding violation of rights of the child under the Act by the National Commission for Protection of Child Rights and the Commision held that the Commissioner NVS has utterly disregarded and failed to apply his mind to the issues involved in the complaint. At the first instance, the complainant along with other student was forced to do manual work in the school premises, suspended for 15 days on account of unsatisfactory manual work, not allowing the student to join the school on the negligible issue of delay of a few days, that too when the delay was explained on account of injury sustained by the student accompanied by medical record, insisting a student to make an undertaking as per their whims and over and above the same to be duly attested by a First Class Magistrate, are some of classic examples of arbitrariness on the part of the School administration including Principal and other teachers of the school. Even thereafter when the complainant persist for admission to other school of his choice, the adamant attitude of the administration by insisting admission to a school not convenient to the student are nothing but clear violation of fundamental rights guaranteed under Article 21A of the Constitution of India and also violation of the Right of Children to Free and Compulsory Education Act, 2009 particularly infringing Section 16 and 17 of the said Act, in as much as there is clear prohibition of holding and expelling any child from the school till completion of elementary education and prohibition against physical punishment or mental harassment. viii. The Commission therefore issues the following direction to the Commissioner NVS: » Whether there is any mandate issued by the Navodaya Vidyalaya Samiti, Ministry of Human Resource Development, Government of India seeking undertaking from a student in the form of duly attested affidavit by a First Class Magistrate in the case of a student joining late in the schoolor for any other reason? » Whether any proceeding has been directed against the Principal and other teachers of the school for violating Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 on account of holding the student namely Rohit Raj and prohibiting him to attend the school until execution of affidavit attested by First Class Magistrate, when the student appeared to join after summer vacation in 2017, which tantamount a expelling from school and mental harassment punishable under section 17 of the aforestated Act? » Whether the administration of NVS has been accorded absolute discretion under any rule, regulation or policy document to allot school to a student as per their own whims even if it is inconvenient for the student? ix. 118 A notice was issued to the Commissioner, Navodaya Vidyalaya Samiti, Ministry of Human ANNUAL REPORT 2019-20