Failing children in school

If a child is unable to pass despite having been in school for years, who has to take the responsibility? School and teachers, unless the child is very badly off.
Assuming that child is bad academically, failing the child is acceptable, with some provisos, if the teachers can guarantee, not just a pass, but high improvement. Can the teachers guarantee this? Failing a child without taking responsibility for the circumstances is morally wrong! Failing a child without guarantee of passing is even worse.
There is one more point, possibly the biggest of all. Nothing has been of greater sorrow to human beings than being ostracised, being excommunicated, being thrown out the tribe. Even if we can guarantee a pass in the next year, what mechanisms, structures do we have for taking care of the child's sense of self esteem? If we cant deliver confidence, the least we can do is not to cause injury?
Our society creates the same age fixed membership classroom - a sense of belonging is developed. And for some silly reason a child is banished into a shameful existence. Failed, punished and cast down, is it surprising that we breathe injustice with every failure of this kind.
With RTE schooling is elevated to the status of a right and an experience. A further long awaited move by CBSE to erase the pass fail line. Education is a life long experience and cannot be easily assessed by short term digital evaluation. If I cannot ensure that child can read and write 3 cogent sentences and do simple arithmetic through years of schooling, it is not the child who needs to experience banishment! It is the system that needs reexamination for its basis, emphasis and its outmoded processes.
Today we have arrived into the Rights era and the challenge for schools is immense While most schools languish in the dark age metaphors of discipline and obedience and uniforms, the ground has shifted. Schools are required now to do justice to all children, each child! Schools cant get by with a 'by and large'.
The judgement of the court is a welcome move restoring a child to his rightful class.
But surely there have been solutions that allow children to learn at heir own pace - only these cannot coexist with a 'class' and prizes and ranks and celebrations