1
Reserved on 5th January, 2010
Delivered on 1st February, 2010
Court No.39
Civil Misc. Writ Petition No. 60638 of 2009
Sudhakar Rai & Ors.
Vs.
Union of India & Ors.
~~~~~~~
Counsel for the petitioners :- Sri Shailesh Kumar Tripathi
Counsel for the respondents :- A.S.G.I., Sri Vijay Tripathi
and Sri S.K. Anwar
Hon'ble Dilip Gupta, J.
The petitioners, who are students of Class 11 in Jawahar Navodaya
Vidyalaya Jungal Agahi, Peppeganj, Gorakhpur (hereinafter referred to as
the ‘Vidyalaya’), have sought the quashing of the order dated 12th October,
2009 passed by the Principal of the Vidyalaya expelling them from the
School. The petitioners have also sought the quashing of the Transfer
Certificate dated 10th October, 2008 issued by the Principal of the
Vidyalaya which mentions the cause for removal as “adjustment problem”.
It is stated in the petition that the petitioners and other students had
lodged a protest with the management about the quality of food that was
being served to the students and since the Deputy Commissioner of the
Novodaya Vidyalaya Samiti made an inspection on the basis of the
complaint made by the petitioners the orders for expulsion of the
petitioners and for issuance of the Transfer Certificates were passed with
malafide purpose without even affording any opportunity to the petitioners.
A counter affidavit sworn by the Principal of the Vidyalaya has been
filed. It has been stated that the Vice Principal of the Vidyalaya is the Mess
In-charge and good quality food is prepared and served to the students. It
has also been stated that on 1st September, 2009 the petitioners and some
other students physically assaulted the Vice Principal of the Vidyalaya and
ransacked the School property by pelting stones on the residences of
Principal and the Vice Principal of the Vidyalaya. The Vice Principal of the
Vidyalaya, who was also the Incharge Principal on that date, suffered head
injuries with five stitches as he was beaten and the food items prepared for
dinner were also thrown by the students. In order to maintain law and order
2
situation, the District Administration was called and thereafter by the order
dated 14th September, 2009 disciplinary proceedings were initiated against
the petitioners by constituting a Committee of teachers of the Vidyalaya for
submitting a fact finding report. The students were identified by the
teachers and the employees of the Vidyalaya and the report was then
submitted on 15th September, 2009 by the Chairman of the Vidyalaya
Management Committee and also sent to the Deputy Commissioner of the
Navodaya Vidyalaya Samiti. The Chairman of the Management Committee
also forwarded the report with his recommendation to the Deputy
Commissioner and thereafter the Deputy Commissioner passed an order on
30th September, 2009 that the students who have been identified be
expelled and the Transfer Certificates be issued to them.
Learned counsel for the petitioners submitted that punishment has
been imposed against the petitioners without issuing any show cause notice
and without giving them any opportunity in the enquiry. It is his
submission that such action was taken to pressurize them not to make any
complaints in future against the quality of food served by the Management.
According to him, as the orders for expulsion from the School have been
passed without compliance of the principles of natural justice, the same
deserve to be set aside.
Learned counsel for the respondents, however, submitted that as the
petitioners had physically assaulted the Vice Principal and ransacked the
School property, action was taken against them on the basis of the report
submitted by the Committee of teachers of the Vidyalaya and, therefore,
this Court should decline to interfere in the matter under Article 226 of the
Constitution.
I have carefully considered the submissions advanced by the learned
counsel for the parties.
The incident is stated to be of 11th September, 2009. It is stated that
the Committee of teachers was constituted by the order dated 14th
September, 2009 on the basis of the complaint made by the Vice Principal
of the Vidyalaya and the said Committee submitted the report on 15 th
September, 2009. It is the case of the petitioners that at no stage, the
petitioners were associated with the enquiry and action had been taken
3
against them without issuing any show cause notice. The counter affidavit
does not mention that opportunity was given to the petitioners. It is on the
basis of the report of the Committee that orders for expulsion and issuance
of Transfer Certificates were passed. The order of expulsion has severe
consequences as it mentions that the petitioners had been expelled as they
had indulged in indiscipline, beating and destruction of School property.
The Transfer Certificates also mention that the petitioners were having
adjustment problems. In such circumstances, it was necessary for the
Vidyalaya to have provided adequate opportunity to the petitioners in the
enquiry that was conducted but that was not done. It is, therefore, not
possible to sustain the impugned orders.
The orders of expulsion dated 12th October, 2009 and the Transfer
Certificates dated 10th October, 2009 issued by the Principal of the
Vidyalay are, accordingly, set aside. It shall, however, be open to the
respondents to pass a fresh order in accordance with law after giving
opportunity to the petitioners.
The writ petition succeeds and is allowed to the extent indicated
above.
Date:-01.02.2010
SK/-