In a significant ruling on a child’s right to education, the Bombay High Court has set aside the expulsion of a 13-year-old student from a private CBSE school in Bhandara district for non-payment of fees.
The court held that a school cannot deny education to a child between 6 and 14 years of age by issuing a transfer certificate over unpaid dues, especially when statutory protections apply.
The judgment was delivered by a division bench of Justices Anil S. Kilor and Raj D. Wakode on February 16, 2026.
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Background of the Case
The petition was filed by a minor student, Ku. Chitrakshi Rangwani, through her father. She had been studying at Father Agnel School, run by Vidhyasagar Mandal.
She completed Class VII in the academic year 2024–25. In March 2025, the school issued a notice stating that unless outstanding fees of ₹23,900 were paid within three days, a Transfer Certificate (TC) would be issued.
Soon after, the school issued the TC dated March 27, 2025, effectively removing her name from the rolls.
The family challenged this action before the High Court, arguing that the move violated the Right of Children to Free and Compulsory Education Act (RTE Act).
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School’s Stand
The school argued that it is a private unaided minority institution affiliated with CBSE and therefore not bound by the RTE Act.
Its counsel contended that:
- The father had failed to pay fees for Classes VI and VII.
- The school had already exhausted available seats for the next academic year.
- As a minority institution, it had administrative autonomy.
The school also claimed that an approval letter issued in 2022 applying the RTE Act to it had no legal force.
Interestingly, the Block Education Officer supported the student’s plea.
The State authorities informed the court that the new academic session had already begun and the child was out of school, leading to educational loss. They urged the court to issue appropriate directions to safeguard her future.
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Court’s Observations
The bench examined Article 21-A of the Constitution, which guarantees free and compulsory education to children between 6 and 14 years.
The court observed that education is not a privilege but a fundamental right.
Referring to the Supreme Court’s recent guidelines on student mental health in Sukdeb Saha v. State of Andhra Pradesh, the bench noted the importance of protecting children from academic disruption.
“The function of education is to liberate, not burden the learner,” the court remarked while referring to the spirit of constitutional protections.
The judges found that:
- The school had earlier accepted government approval making the RTE Act applicable.
- It could not “blow hot and cold” by taking benefits under government communications and later denying statutory responsibility.
- Clause 7 of the 2022 approval order clearly stated that a child admitted to the school shall not be expelled until completion of elementary education.
The court also examined Section 3A of the Maharashtra Educational Institutions Regulation of Fee Act, which allows schools to charge late fees or penal interest - but does not permit expulsion for delayed payment.
“The management was, at the most, entitled to charge delay payment fee with penal interest. Expelling a 13-year-old student exceeds statutory rights,” the bench held.
Importantly, the court rejected the argument that the Act applies only to students admitted under the RTE quota. It clarified that the Act covers every child between 6 and 14 years of age.
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The Decision
Allowing the petition partly, the High Court:
- Quashed and set aside the Transfer Certificate dated March 27, 2025.
- Directed the school to restore the student’s admission.
- Ordered the parents to deposit the pending fees within two weeks.
- Directed the school not to charge late fees or penal interest, considering the peculiar facts of the case.
The court concluded that expelling the child was illegal and unsustainable in law.
With these directions, the writ petition was disposed of.
Case Title: Chitrakshi Yogesh Rangwani v. State of Maharashtra & Ors.
Case No.: Writ Petition No. 3228 of 2025
Decision Date: 16 February 2026
