• Dismissal from school

Sir my daughter got admission in Kendriya vidyalaya Udhampur in class 2 in month of June. Her date of birth is 05 Sep 2017, at that tym they have taken admission, I submitted all original documents, now they dismissed my daughter from school in letter dated 01 Aug 2024 wef 02 Aug 2024 stating that she's under age as per KV norms. My submission is that why they have taken admission, right now where I'll go, I had submitted 6 months fees, my daughter is studying, I purchased books uniform etc and bear daily conveyance. Due to their mistake now my daughter and myself are suffering, plz help
Asked 4 months ago in Criminal Law
Religion: Hindu

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9 Answers

First complain to commissioner of Education and if no immediate relief, file writ in High Court. 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Kendriya Vidyalaya is an autonomous organization under the Ministry of Education, Govt. of Indi Officials must follow principles of natural justice, including giving an opportunity to be heard before taking adverse action. In this case, the school authorities acted without giving you an opportunity to be heard. You can file a writ petition in the High Court or approach the District Education Officer or State Education Department for assistance.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

- It is well settled law that any service provider like the training institutes, educational institutes/schools or College /university cannot be allowed to forfeit the fees or consideration received in advance in case the student has not availed the service. 

- Further, the clause that the Course fee once paid is not refundable is unconscionable and unfair trade practice as well as voidable and therefore not acceptable.

- Since, the said vidyalaya dismissed your daughter due to their own fault a the time of admission , then the said school is bound to refund the entire fees and other expenditures .  

- Hence, the said school is bound to refund your deposited full amount as your daughter has not availed the services. 

- Further, the denial of refund of deposited amount is also against the public policy and hit by the provisions of Indian Contract Act,

- You should issue a demand notice, and on refusal the same file a complaint for the deficiency in service under the Consumer Protection Act and also before the education department. 

Mohammed Shahzad
Advocate, Delhi
14513 Answers
221 Consultations

You can complain to the education department or tribunal. Futher you can also file consumer complaint for deficiency of service 

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

File complaint against school for dismissing your daughter with ministry of edication 

 

2) copy should be sent to KVS 18, Institutional Area Shaheed Jeet Singh Marg, New Delhi- 110016 (Phone No-[deleted](Board), Fax-[deleted], Email- [deleted]).

Ajay Sethi
Advocate, Mumbai
96937 Answers
7822 Consultations

The school authorities reckless, careless, negligent  and irresponsible attitude  at the time of giving admission should not punish the students instead the school authorities should undertake the responsibility for the loss and mental agony suffered by student/parents of the students in this regard.

You can very well take up this matter with the Ministry of Education as well as the Central authority of KV Sangathan and pray for redressal of your grievances with compensation for the loss you suffered in this regard  and may even request a direction t the school authorities to permit your ward to continue the studies because she should not suffer duet to the mistake of school authorities,.

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

If your daughter  is underaged, school cannot keep her on rolls. It is their mistake in giving admission to her. You can only seek and get compensation through District Consumer Commission for the  expenses incurred and mental agony with interest.

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

If for admission you did not commit any mistake then any breach of regulation later found to have occured is due to them.

Therefore, you can claim the fees and costs paid for her education.

You can seek damages and compensation as well.

File a writ petition. 

Devajyoti Barman
Advocate, Kolkata
23220 Answers
514 Consultations

Dear Client,

Verify the exact age criteria for class 2 admission in the KV guidelines for the current academic year. Draft a formal complaint addressing the principal of the school, highlighting that admission was granted after submitting all original documents and the school also accepted the fees and other related costs. Explain hoe this sudden dismissal causes undue hardship to your daughter and your family. Request immediate reinstatement of your daughter in the school. If there is no satisfactory response from the school, escalate the matter to the Deputy Commissioner of the Kendriya Vidyalaya Sangathan (KVS) regional office. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

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