If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a resident of the city of Chandrapur, is concerned about a new policy at his son Rahul’s school, “Sunrise Global Academy,” a private institution affiliated with the Central Board of Secondary Education (CBSE). Rahul is a student in the 12th grade. The school administration has recently enforced a rule imposing monetary fines on students who are absent immediately following school holidays. The fine structure is explicitly laid out: a penalty of ₹150 for a three-day absence, ₹400 for five days, and a steep ₹1200 for an eight-day absence. The policy further states that any absence exceeding eight days will lead to severe disciplinary action, including a mandatory “readmission” process with associated fees.

Mr. Verma’s son was unwell and had to miss the first four days of school after the winter break. Despite providing a genuine medical certificate from their family doctor, the school’s Vice Principal summarily dismissed it, claiming it looked “fabricated.” The administration has refused to let Rahul attend his classes until the fine is paid. Mr. Verma feels this practice is not only unethical but also a form of coercion, putting undue financial and mental pressure on parents and students. He questions the legality of such fines within the framework of national education regulations governing CBSE schools.

Advice in such cases

Navigating conflicts with school authorities can be challenging, but there are structured ways to address such grievances.

• Review the school’s rulebook or prospectus that was provided at the time of admission. Check if this fine policy is mentioned there.
• Maintain all communication with the school in writing. If you have a verbal conversation, follow it up with an email summarizing the discussion.
• Gather all relevant documents, such as the school’s circular announcing the fines, any receipts for fines paid, and copies of medical certificates.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The practice of levying fines for absence is legally questionable under several Indian laws and regulations.

• The Right of Children to Free and Compulsory Education (RTE) Act, 2009: Section 17 of the Act strictly prohibits subjecting a child to physical punishment or mental harassment. Imposing arbitrary fines and preventing a student from attending class can be construed as a form of mental harassment.
• CBSE Affiliation Bye-Laws: These bye-laws regulate how affiliated schools can operate. They contain provisions against the commercialization of education and state that fees charged must be commensurate with the facilities provided. Levying fines for absence is generally not a permissible head of fee and can be seen as an exploitative practice, which can be grounds for action by the CBSE board against the school.
• Consumer Protection Act, 2019: Parents who pay fees for their children’s education are considered ‘consumers’ and the school a ‘service provider.’ Unfair and restrictive trade practices, such as compelling parents to pay arbitrary fines, can be challenged before a Consumer Disputes Redressal Commission.

If you are the complainant

If you are a parent facing this issue, you can take the following steps in order:

• Draft a formal, written complaint addressed to the School Principal, clearly stating your objection to the fine, referencing the medical certificate, and requesting the withdrawal of the penalty.
• If the Principal does not provide a satisfactory resolution, escalate the matter by writing to the school’s Management Committee or Trust.
• File a formal grievance with the District Education Officer (DEO) or the relevant authority in your state’s education department.
• Lodge a complaint directly with the CBSE through its official portal, providing all documentary evidence. The CBSE takes such violations of its bye-laws seriously.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• As a final step before litigation, you can have a lawyer send a legal notice to the school, which often prompts a resolution.

If you are the victim

If you are a student being subjected to such rules, it is important to act wisely.

• Immediately and calmly inform your parents or guardians about the situation. Provide them with all the details and any notices you have received from the school.
• Keep a personal record of all interactions, including who you spoke to and when. Do not dispose of any receipts or documents.
• Avoid getting into direct confrontations with teachers or the administration. Let your parents handle the formal communication.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

This is primarily a civil matter concerning educational regulations and consumer rights, not a criminal one. The police will generally not intervene in such disputes. If you approach a police station, they will likely advise you to contact the school education authorities (like the DEO) or to seek a remedy in a civil court or consumer forum. Police involvement would only be warranted if the situation escalates to criminal acts like extortion (demanding money with threats) or wrongful confinement (physically preventing a student from leaving), which is highly unlikely in this context.

FAQs people normally have

Is it legal for a private school to charge such fines?

No, it is generally considered illegal. It violates the spirit of the RTE Act, 2009, which prohibits mental harassment, and contravenes CBSE bye-laws that guard against the commercialization of education. Schools cannot create arbitrary rules to penalize students financially for genuine absences.

Can the school legally refuse to let my child attend class for not paying the fine?

No. Withholding education is a violation of a child’s fundamental right. Denying entry to class over an illegal fine is a coercive tactic that can be legally challenged. Section 16 of the RTE Act prohibits expelling or holding back a child in any class.

What can I do if the school ignores my written complaints?

If your initial complaints to the Principal and Management are ignored, you must escalate the issue to external authorities. Your primary recourses are the District Education Officer and the CBSE board itself. Filing a complaint in the District Consumer Forum is also a very effective option.

What evidence is required?

Strong evidence is key to a successful complaint. You should gather:

• A copy of the school’s circular or notice detailing the fine policy.
• Receipts or bank transaction details if you were forced to pay the fine.
• A copy of the medical certificate or any other proof of genuine reason for absence that was rejected by the school.
• Copies of all written correspondence (letters, emails) between you and the school administration.
• If possible, written statements from other parents who have faced the same issue, as this establishes a pattern of unfair practice.

How long will the investigation take?

The timeline for resolution can vary significantly:

• A legal notice from a lawyer can sometimes resolve the issue within 15-30 days.
• A complaint to the District Education Officer or CBSE may take several weeks to a few months to be investigated and acted upon.
• A case filed in a Consumer Court can take anywhere from a few months to over a year, depending on the complexity and the caseload of the forum.

Advocate Sudhir Rao, Supreme Court of India