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Delhi High Court Monday stayed the expulsion of a 12-year-old girl from her school on failing to clear class 6 examinations and sought an explanation from the school.

Justice Kailash Gambhir issued notice to St. Xavier’s School here seeking an explanation on May 11 and stayed the expulsion of Suman Bhati and other students who were asked to leave the school.

“The school’s action is illegal, specially at a time when the Right to Education Act (RTE) has been enforced in the country,” argued Ashok Agarwal, counsel of Bhati.

“The action is unethical and violates provisions of the Delhi School Education Act, 1973, the Right of Children to Free and Compulsory Education Act, 2009 and the United Nations Convention on the Rights of the Child,” Agarwal said.

Suman’s father Naresh Bhati said that the school on Raj Niwas marg informed him about the decision March 27 when he went there to collect her report card.

Demanding action against the school and the directorate of education, the petition stated: “It is unfortunate that at a time when the government is coming up with laws, schemes and policies to encourage the girl child to study more, St. Xavier’s school is trying to jeopardise a class 6 girl’s future by expelling her.”

The school said Suman had failed in her final term exams for class 4 as well as for class 6. According to the rules, she had to leave the school.

However, Agarwal said: “The school has no authority to expel Suman as she has yet not completed her elementary education and has not attained the age of 14 yet. In any case, a student cannot be removed from the school on the ground that she has failed in a class.”

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