Satish Kumar v. Union Of India

Patna High Court CWJC No.23288 of 2012 (2) dt.23-01-2013 2 directing the respondents to grant the petitioner to attend his school regularly in view of the letter no.911 dated

9.11.2011 (Annexure 4) issued by the Principal, Jawahar Navodaya Vidyalaya, Jethian, Gaya (Bihar) whereby the petitioner has been asked to attend his class regularly from 15.12.2012.” Mr. Mrigank Mauli, learned counsel appearing on behalf of the petitioner, while assailing the impugned order dated

23.11.2012, which reads as follows: “Complaint file of Master Satish Kumar of Class IX Master Satish Kumar of class IX began to behave like a hero and his performance in examination comparatively poor but he can do better. He and his friends are found shouting in the open terrace using slang language and dirty words against class XIIth. He was also found using mobile phone of his friends which is against of NVS rule so Master Satish Kumar was found one of the blacklisted students who use to stay during the school hours in the dormitories and during supervised study time and disturbed the school. He sent email through his uncle Master Mithilesh Kumar to the anti ragging cell to spoil the name of the school and organization. So he is not fit to continue his studies because he will misguide other students too. So he is suspended and TC will be issued at any time during the academic session as per the reply from higher office of NVS.” has submitted that on a bare perusal of the aforementioned order it Patna High Court CWJC No.23288 of 2012 (2) dt.23-01-2013 3 would be apparent that the petitioner is virtually rusticated from the school on serious allegation which is capable of marring his future career. In this regard he has drawn attention of this Court towards paragraph no.11 of the writ application alleging violation of principles of natural justice. Paragraph no.11 of the writ application reads as follows: “That it is submitted that the order of suspension is illegal, arbitrary and malafide because no show cause notice was given either to the father of the petitioner or to the petitioner Master Satish Kumar for place his case before the order of suspension.” This writ application was filed on 14.12.2012 and no counter affidavit has been filed till date. Learned counsel appearing on behalf of the respondent Jawahar Navodaya Vidyalaya, Jethian, Gaya on receiving instruction from the Regional Commissioner has submitted that while it may be true that the principles of natural justice was not followed before passing of the aforementioned impugned order but then the petitioner and in fact few other students had become nuisance and were causing serious impediment in the functioning of the school. He has also submitted that the petitioner and others were indulging in activities prejudicial to functioning of the school, a reference whereof can be also found from the facts mentioned in the Patna High Court CWJC No.23288 of 2012 (2) dt.23-01-2013 4 impugned order. He on instruction has also submitted that the whole matter is now going to be looked into by a Committee constituted by the Regional Deputy Commissioner within a fortnight. In the considered opinion of this Court the impugned order has to be set aside on the ground of violation of the principles of natural justice. There are different allegations against the petitioner but he or his guardian had never been given opportunity to show cause. From Annexure 4 dated 9.11.2011 it would transpire that the Principal of the School had in fact asked the petitioner to report to the school after expiry of the Annual Vacation and therefore, if anything had happened which needed rustication or suspension of the petitioner from the school, it was wholly imperative for the Principal to put those allegations to the notice of the petitioner and/or his guardian. That having been not done and the impugned order having been passed in breach of natural justice cannot be sustained. The impugned order, as contained in Annexure 5, is hereby quashed but the petitioner will not be entitled to attend the school for a period of one month in which the enquiry shall be conducted and completed by the Committee constituted by the Regional Deputy Commissioner of Navodaya Vidyalaya after complying the principles of natural Patna High Court CWJC No.23288 of 2012 (2) dt.23-01-2013 5 justice. Let it be made clear that such enquiry will be held either for the petitioner or other students in the school premises itself and the petitioner alongwith his father who has sworn affidavit in support of the writ application, namely, Manki Choudhary, alone would be entitled to be heard. No other family member of the petitioner will be allowed to enter in the school premises and such an enquiry will be completed within the aforementioned period and the final order will be passed and served on the petitioner. If the petitioner is exonerated he would be allowed to attend the school or else he will be guided by the result of the enquiry to be communicated through the order as indicated above. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha, J) surendra/-