The High Court has restrained a school from preventing students who opted out of virtual learning from progressing to the new school year once normal learning resumes.
Justice Eric Ogola also barred Shree Swaminarayan Academy in Mombasa and the Registered Trustees of the Shree Cutch Satsang Swaminarayan Temple Charitable Trust — the owners of the school — from discriminating against students.
The High Court has restrained a school from preventing students who opted out of virtual learning from progressing to the new school year once normal learning resumes.
Justice Eric Ogola also barred Shree Swaminarayan Academy in Mombasa and the Registered Trustees of the Shree Cutch Satsang Swaminarayan Temple Charitable Trust — the owners of the school — from discriminating against students.
Parents who filed the petition accused the institution of violating their right to a fair administrative action by providing services through Virtual Learning Education (VLE) and pricing it as a normal school term.
The court also ordered the school to establish a Parents Teachers Association (PTA) within three months, saying it is a mandatory requirement and a legal instrument in the management of schools.
However, Justice Ogola said many allegations against the school contained in the petition had not been proved.
Justice Ogola said the school took into account the interests of the parents who stood to be affected by the decision on VLE and the petitioners had the liberty to opt out. “However, if the petitioners chose to consent to the VLE, then it would come at a cost, which is payment of fees as required by the school,” said Justice Ogola.
The respondents stated that it has been flexible and make the programme affordable.
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