Fwd: [Right to Education] THE TELEGRAPH, CALCUTTA, INDIA DECEBER 4, 2010...
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From:
Ashok Agarwal <notification+kr4marbae4mn@facebookmail.com> Date: Sun, Dec 5, 2010 at 4:18 PM
Subject: [Right to Education] THE TELEGRAPH, CALCUTTA, INDIA DECEBER 4, 2010...
To: Palash Biswas <
palashbiswaskl@gmail.com>
 | THE TELEGRAPH, CALCUTTA, INDIA DECEBER 4, 2010
Student passes court test
La Martiniere set to take back Srijan, parents to drop charges OUR BUREAU
La Martiniere for Boys has agreed to take back student Srijan Banerjee and promote him to Class V once his parents withdraw their allegations against the school under a settlement arrived at in the Supreme Court on Friday.
The settlement pertains to all charges barring the one pending in Calcutta High Court against junior school teacher Sanjay Smart, accused of demanding a laptop from Srijan's father Partha Pratim to promote his son to Class V.
Lawyers for both La Martiniere and Srijan's parents confirmed in Delhi that "all the other charges" like Srijan being harassed in school were being withdrawn.
"We are a reputable school. We are not interested in litigation. We proactively promoted a settlement," senior counsel Abhishek Manu Singhvi told Metro.
Partha Pratim's lawyer Ashok Agarwal said the settlement was a "huge victory" for Srijan, who was asked to take a transfer certificate after his father had complained to the police about Smart allegedly demanding a laptop. "I am happy that truth has prevailed," Partha Pratim said in Calcutta.
"We are happy with the Supreme Court ruling. It has asked us to take the child back on humanitarian grounds… All charges against the school will be dropped," declared Supriyo Dhar, the secretary to the La Martiniere board.
La Martiniere had moved the apex court against the high court's October 4 ruling, asking it to promote Srijan.
When the case came up for hearing before a two-judge bench of Justice V.S. Sirpurkar and Justice T.S. Thakur on Friday, the school initially agreed to promote Srijan on condition that his parents withdraw him from the school, Partha Pratim's lawyer said. According to lawyer Agarwal, Justice Sirpurkar then asked: "Why should he not study in the school? You are a good school."
Agarwal said Justice Sirpurkar also questioned La Martiniere's contention that Srijan had failed the promotion tests. "Why? What were the teachers doing?" Partha Pratim's lawyer quoted the judge as saying.
Justice Sirpurkar pointed out that the Right to Education Act did not allow detention in any class till the age of 14, Agarwal said. "Though the Class IV results were announced two days before the act came into force (on April 1, 2010), the court insisted that Srijan be taken back in keeping with the spirit of the legislation. The school insisted that the parents drop all charges and we agreed."
Partha Pratim had lodged the police complaint against Smart in April after his son failed a second time in Class IV. He alleged that the teacher had been demanding a laptop since November 2008.
In his complaint, Partha Pratim had also accused principal Sunirmal Chakravarthi of shielding Smart, who was arrested on May 17 and charged with criminal intimidation, extortion and abetment to an offence. |
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Palash Biswas
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