09 July 2010

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Indian Parents Do Not Have Right to Raise Voice against Fee Hike – Know the story of Adhishree Gopalkrishnan - The story of Injustice and Cruelty

Indian Parents Do Not Have Right to Raise Voice against Fee Hike – Know the story of Adhishree Gopalkrishnan - The story of Injustice and Cruelty

Reality Views by sm –
Friday, July 09, 2010


Adhishree Gopalkrishnan who is she?

Adhishree Gopalkrishnan is a 13 year old girl, who was expelled from Goregaon’s Vibgyor High School without doing anything wrong , her fault is only that her mother tried to get the justice .



Bombay high court chief justice Mohit Shah said, “We have seen marriages broken by the behaviour of a husband or wife’s parents. This is the first case where academic career of a child is in jeopardy because of the social behaviour of parents.”

The court was informed that the school management had refused admission to Adhishri because her mother had lodged a “false and unwarranted” police complaint against the school management in July 2009, alleging that she feared the school would physically harm her and Adhishri.

But what ever information I found regarding this I came to know after the protest of mother and trying hard , school has to reduce their fee and after this the girl child was expelled from her school .

Complete Story of Adhishree Gopalkrishnan
Chronology of Events –

28 Mar, 2008: Fee Hike case registered with 1000+ Vibgyor parents signatures filed with the High Court by Avisha Kulkarni, Sanjita Prasad, Balachandran Unni, Prashant Basrur and Vishal Ruia in representative capacity.

3 July, 2009: As per the Court directives, Deputy Director, Education Department, issues order to reduce fees by nearly Rs. 20,000

School defies the order. Asks parents to pay the original hiked fee structure. Avisha persists with the Education Department to force the school to implement the order. Edu. Dept issues letter in the name of ‘Avisha and parents’ to pay the reduced fees.

School demands the original hiked fees. Parents protest outside the school. All parents are requested by Dy Director’s order to abstain from paying the hiked fees. Yet, every parent pays the original hiked fees except Avisha.

Avisha going by the Court orders and not paying the hiked fees angers the management Avisha starts getting calls.

22-23 July, 2009: Avisha starts getting tip-off calls from reliable source close to the management about threats to her life and expelling the child from the school.

24 July, 2009: As a law abiding citizen, with a proof of support, Avisha brings this to the notice of the Police by writing a letter Expelling of Adhishree as tipped by the caller (and mentioned in the letter to the police) has indeed come true.
12 Aug, 2009: After investigations, the police did not register any complaint, cognizable or non-cognizable but wrote a letter to Avisha on 12 Aug, 2009 informing her that Mr. Kerawalla was summoned to the police station for enquiry and was cautioned against not doing any such act which might result in a law and order problem. Avisha treated it as a closed chapter.

The school has given the following 3 points as reasons for canceling Adhishree’s admission for IX grade

Reason 1: For filing a false complaint and unwarranted allegations against the management
Reason 2: For writing a letter holding the Principal responsible for books lost in the school
Reason 3: For participating and leading Morchas against the Principal

Adhishree was hopeful of going back to school a month after she was expelled. But the Bombay high court dismissed her petition .

Adhishree, through her mother Avisha Gopalkrishnan, had challenged her expulsion from Vibgyor High School in Goregaon on June 2. According to her petition, she was made to bear the brunt of her mother’s protests against an alleged misappropriation of funds. She had urged the court to direct the management to re-admit her as she had paid the fees (Rs80,000) for the term on May.

Speaking for Vibgyor High, senior counsel Janak Dwarkadas said, “We have been compelled to take this unfortunate step [of expelling the child].” He said it was Gopalkrishnan’s tiff with the school management that led to the chief minister, the minister of education, the charity commissioner and the education inspector to prod the school to take Adhishree back.

If school does not want her to study on the first Instance how can school accept the fees and give her admission ?

The mother of the child forgot that the in India laws are made for rich and for their benefit.

I appreciate her courage for fighting for justice with the rich people , rich management and the country where people are afraid of going against system.

My questions are:

For the crimes of parents how can we punish Adhishree?
What about the right to education act?
What about the fundamental rights?

Today if we do not oppose this verdict tomorrow it will be your son or daughter.

Does it mean that if we do not have money then we can not send our kids to good schools.

Don’t we have fundamental right to raise the voice against the fee hike or the things which parents find wrong which school is doing?

What if tomorrow kids commit suicide because of no admission in school who will be responsible for this , the court or school or mother .

What is the fault of student ?

Do you think this judgment is right ?

Problem in India is that we do not find the certified copies of legal judgments on internet easily .
I can find American or British or Canadian judgments easily on internet but regarding Indian courts its nearly impossible to find the information .

Without reading the judgment in this case it is very difficult to say who made the mistake .
The school said that
“The academics of the child are good then why don’t they admit her to another school?” said Dwarkadas, school, advocate.

If this case does not go to the Supreme Court it will give free hand to all the schools in Maharashtra to expelled any student from the school.

School Management will become to strong , but who cares in India.

The marriage of Dhoni or Viveka suicide case or this case of Adhishree Gopalkrishnan
Which case is more important for India and Indian society .

One very important question this case has raised is that
Tomorrow when as per right to education act 25% seats are reserved for poor class.
How they will be able to study in these schools ?
Yes we Indians are very selfish , it’s the fault of mother who fought for the justice for everyone and today no one is ready to help her .

Remember always we are living in India and in India we will never get justice .

Justice Delayed is Justice Denied .

BK Subbarao, advocate for the petitioners, told the court that the school and parents had been litigating since 2007, but it was now that the school had expelled the child.

My question is that Does child does not suffer last 3 years , how school now realize that child will not be able to study in the school .

How justice can punish the kid for the sins of parents.

Adhishree Gopalkrishnan what is her fault ?

Her fault is only that she is born in a country where justice is not guaranteed .

Now what she should do ?

I do not find any thing wrong done by the Adhishree Gopalkrishnan , she has paid fees, she has attendance, and she has not done anything wrong.
School says she is intelligent and good student in this case we can see that

Adhishree Gopalkrishnan has a full right to study in that school only if she wishes .
School Management has no right to punish a kid for the sins of parents then they may be good sins or bad sins.

We Indians have habit to run away from the problems and justice and we are so coward that we can not even openly support someone who is fighting for justice.

If you care for India and future of next generation please spread this news and make everyone aware about this .

I am sure you will say that she should study in different school that is correct ?

Now my question is tomorrow if they say if u want freedom of speech go to America
Then what we are suppose to do in this case ?

Does the student has no right to decide where she wants to study ?

The truth is school management is afraid that if she studies in the school other parents will get the confidence and every one will start to fight for the justice.


Jai of school education
Jai Ho Toothless Right to education Act .
Corruption and Injustice is the religion of India.


Updated on Saturday, April 21, 2012

Kulkarni moved the Supreme Court in August 2011.
Explaining the delay to Media, TOI she said that
"My primary concern was to seek admission for my daughter in a new school and to help her settle there. She was in Std IX, where missing four months of academics was not advisable. When I was convinced that she is settled in the new school, I moved the Supreme court of India.

Kulkarni's main prayer was asking the school to set aside the expulsion order. The SC bench of Justices R M Lodha and H L Gokhale disposed of the petition and ordered the school to withdraw the expulsion letter.

The Supreme Court directed the management of Vibgyor High School to withdraw the letter by which Adhishree was expelled from the school.

But mother said that "I do not want my daughter to undergo the mental trauma once again. I will not send her back to the same school," said Avisha Kulkarni, Adhishree Gopalkrishnan's mother.

But what happened after so much, she is not studying in same school and we can understand the reasons, its good that she is not studying in that school.

But don’t you think damages should be paid and given to the girl who has suffered so much because of wrongful expulsion of her from school.




10 comments:

chitra July 09, 2010  

sm
What you have written is very true. Schools only call the shots and most of the parents bear it as they don't want their child's studies to be affected. Emboldened by this many schools have become commercial organisatios where,only money speaks.

sm,  July 09, 2010  

chitra,,
thanks

sm,  July 09, 2010  

Swatantra,,
thanks

Insignia July 11, 2010  

Hmm, I have felt many times that I am really lucky to have finished education. Nowadays education has become a lucrative business!!

sm,  July 11, 2010  

Insignia,,
thanks
yes education has become business.

Anonymous,  September 30, 2010  

The Judge has overstepped in holding the parents as responsible.

If a false complaint is indeed made, the school can drag the parent to the school. Anyway the matter is not that clear-cut as no court has examined the allegation of false complaint.

Instead, the school has taken law into its own hands and thrown out a student after collecting fees, which means the school has committed a wrong.

There are many factors influencing courts decisions, but this is really a strange decision. It will make other schools also take revenge on parents who protest against fee hikes. It will encourage private schools to commit bolder acts. It is bad for society.

sm,  September 30, 2010  

Anonymous,,
thanks.

Anonymous,  April 20, 2012  

Injustice and Cruelty finally reversed by Supreme Court, so I hope you will spend time to update the complete story also. Supreme Court story details is in

http://articles.timesofindia.indiatimes.com/2011-11-09/mumbai/30377084_1_mumbai-school-adhishree-gopalkrishnan-expulsion-order

SM April 21, 2012  

@Anonymous

thanks.
Post is updated