Srinagar May 06: In a case of alleged harassment, expulsion and denial to education by two private schools, the Child Welfare Committee (CWC) Srinagar has asked the authorities to enrol a girl child in a school and facilitate her educational journey.
In the case titled Mariyam Binti Suhail, daughter of Mohammad Suhail Dar versus Foundation World School Humhama and Oasis Girls School Srinagar, the CWC in its order also asked the Director of School Education, Kashmir and the District Magistrate, Srinagar “to take appropriate legal action, in accordance with the relevant laws, against both schools for unlawfully expelling the Child (Maraym) and denying education to her from the last one and a half years”.
The Committee called upon the Chief Education Officer, Srinagar “to enrol/admit the Child in a girls-only neighbourhood school where she can continue her education without further delay”.
Mariyam Binti Suhail according to the findings the CWC has been successively expelled from both schools as her father a “whistleblower and activist” had reported alleged irregularities and illegalities committed by the schools. The allegations were vehemently countered by the schools.
The five-member CWC chaired by Dr Khair Ul Nisa after hearing the parties and perusing the material on record said “The child has been put to the obvious discrimination on account of her parent’s activities, this makes the Child (Mariyam Binti Suhail) disadvantaged sui generis”.
It explained the little “child has faced social ostracization or discrimination within the school community or broader society due to her parents/complainant’s actions, which has led to isolation or exclusion from educational opportunities”.
It found both the schools (Foundation World School, Humhama and Oasis Girls School, Srinagar) have retaliated against the Child (Above-Named), by subjecting her to unfair treatment and denial of educational resources.
The child rights body said, “The parent/complainant has encountered legal obstacles from both the school authorities, impacting his ability to advocate for the child’s rights and access to education”.
It remarked “The stress and pressure resulting from activities and subsequent marginalization has negatively affected the child’s mental well-being, potentially impacting her engagement and performance” and declared her a “Child in Need of Care and Protection”.
The CWC considered the statement of the parent of the child which said “On account of his activism, the Presidents of Kashmir School Associations have verbally instructed all schools of the valley not to admit the Child (Above-Named).”
The Committee referred to certain orders by the Fixation and Regulation of Fee of Private Schools, J&K (FFRC) to Foundation World School Humhama. The orders called on the School to reduce its “exorbitant” tuition fee structure and refund admission fees charged form the students.
It observed all these orders by the various regulatory authorities, “indeed seem to have brought in the public domain various discrepancies on part of School Foundation World School, Humhama”.
It also referred to a communication by the Deputy Commissioner, Budgam and the authorities at the Foundation World School and found “it transpires that the Child (Maryam) was indeed expelled from School.
The CWC also cited a communication from the office of the Director School Education, Kashmir, which directed his lower ring officers to take immediate action against the Foundation World School at Humhama in 2023. The communication read “the said campus is neither registered with the Department of Education nor affiliated with Cambridge Assessment International Education (CAIE)”, a point marketed by the School.
The girl child was later on admitted in Oasis Girls School Srinagar in 2022. The Committee mentioned an FFRC order directing its Chairman to reduce the Annual Fee charged from the existing Rs. 4500 to Rs. 4100, in respect of ‘tie and belt’ for girls “which was never provided by the School to them”.
The act of harassment involving alleged corporal punishment and inappropriate behaviour by Oasis Girls School to the complainant child has been concluded as an unsubstantiated allegation.
The Committee concluded that Oasis School has asked certain documents like school leaving certificates after six months’ time from the complaint. “It seems to be an afterthought indicating to the fact that the demand for the production and submission of these documents was not made in good faith and is motivated by extraneous considerations”, read the CWC order.
It banked on the Right of Children to Free and Compulsory Education Act, 2009 which said restricting or denying access to compulsory education to a child is an offence punishable under law.
The twin schools strongly refuted the complaint in the Committee through their counsels, officials and certain documents.
