“ … It is apparent from a conjoint reading of the statutory provisions that they contemplate the admission of a student to a class corresponding to his age, between the ages of 6 and 14, and an unhindered progression of the student through various standards till he reaches the age (completes standard 8) that marks the culmination of his elementary education. The academic performance of the student in any year can be of no significance when the statutory mandate is only that the student must receive compulsory education during the years between class and class 8. The fundamental right of the child to elementary education, which is traceable to Article 21A read with the provisions of the RTE Act and Rules, cannot be made conditional on the child attaining minimum standards of academic performance as prescribed by the School or the affiliating Board. As a matter of fact, the provisions of Sections 3 and 4 of the RTE Act would indicate that a stand taken by a School that a student has failed to meet the minimum educational standards prescribed for a particular class can only be viewed as an admission by the School, of its failure in the matter of imparting sufficient training to the said student and thereby having inadequately discharged its obligation under the act.
