Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15456 of 2012 ====================================================== 1. Ajay Prasad S/O Sri Kailash Prasad R/O Village- Pitaunjiya, P.O.- Bhadaur, P.S.- Bhadaur, Distt.-Patna .... .... Petitioner/s Human Resources Development Department Of Versus 1. The Union Of India Through Secretary Human Resources Development Department Of Education, Govt. Of India, New Delhi 2. The Secretary Education, Govt. Of India, New Delhi 3. The State Of Bihar Through The Principal Secretary Human Resources Development Department, Bihar, Patna 4. The D.M., Nalanda 5. The Deputy Commissioner, Navodya Vidyalaya, Boring Road, Patna 6. The Principal, Jawahar Navodaya Vidyalaya, At/P.O.- Rajgir, Distt.- Nalanda 7. The Hostel Supdt. Cum House Master Udaigiri Hostel, Jawahar Navodaya Vidayalaya, At/P.O.- Rajgir, Distt.- Nalanda .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.15491 of 2012 ====================================================== 1. Mithilesh Prasad S/O Late Ramji Prasad R/O Village - Madanpura, P.O. - Rahui, P.S. - Rahui, Distt.- Nalanda .... .... Petitioner/s Versus 1. The Union Of India Through Secretary, Human Resources Development Department Of Education, Govt. Of India, New Delhi 2. The Secretary, Human Resources Development Department Of Education, Govt. Of India, New Delhi 3. The State Of Bihar Through The Principal Secretary, Human Resources Development Department, Bihar, Patna 4. The D.M. Nalanda 5. The Deputy Commissioner, Navodaya Vidyalaya, Boring Road, Patna 6. The Principal, Jawahar Navodaya Vidyalaya At/Po- Rajgir, Distt.- Nalanda 7. The Hostel Supdt. Cum House Master, Udaigiri Hostel, Jawahar Navodaya Vidayalaya, At/Po - Rajgir, Distt. - Nalanda .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.15517 of 2012 ====================================================== 1. Most.Anita Kumari W/O Late Shashi Bhushan Prasad Resident Of Village- Maheshpur, P.O- Dailey, District- Nalanda.
Legal Reasoning
Patna High Court CWJC No.15456 of 2012 (2) dt.21-02-2013 2 .... .... Petitioner/s Versus 1. The Union Of India Through The Secretary, Human Resources Deparment Of Education Govt. Of India, New Delhi. 2. Secretary, Human Resources Development Department, Department Of Education, Govt. Of India, New Delhi. 3. The State Of Bihar Through The Principal Secretary, Human Resources Development Deptt. Bihar, Patna. 4. The District Magistrate, Nalanda. 5. The Principal Jawahar Navodaya Vidyalaya At And P.O- Rajir, District- Nalanda. 6. The Hostel Superintendent Cum House Master, Arawali Hostel, Jawaha Navadaya Vidyalaya, At & P.O- Rajgir, District- Nalanda.
Legal Reasoning
.... .... Respondent/s ====================================================== Appearance : (In CWJC No.15456 of 2012) For the Petitioner/s : M/S. Ram Chandra Singh & Braj Kishore Singh, Manoj Kumar Sinha. For the Respondent/s : Mr. Sanjay Kumar Singh, A.C. to GP22 (In CWJC No.15491 of 2012) For the Petitioner/s : Mr. Braj Kishore Singh For the Respondent/s : Mr. Rajesh Kumar Sinha, A.C. to GP21 (In CWJC No.15517 of 2012) For the Petitioner/s : Mr. Braj Kishore Singh For the Respondent/s : Mr. Sanat Kumar Mishra, A.C. to AAG 8 For Navodaya Vidyalaya : Mr. J. P. Karn, Sr. Advocate Mr. Sidharth Prasad. For Union of India : Mr. S. N. Pathak, Sr.S.C.C.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 21-02-2013 Heard learned counsel for the parties. In all these three writ applications, guardians of the students, who have been directed to take their transfer certificates of their wards, have moved this Court assailing the decision of the authorities of Nawahar Navodaya Vidyalaya, Rajgir in the district of Nalanda on the ground that even if their wards were found to be indulging in corrupt practices by way of Patna High Court CWJC No.15456 of 2012 (2) dt.21-02-2013 3 impersonating in the admission examination in the said institution for some other persons, their wards should not have been punished by way of asking them to leave the school because they were ultimately the boarding students living in the hostel of the school and as such the teachers and other authorities of the school could not have disowned their responsibilities and failure on their part to check the wards from indulging in corrupt practice of impersonating the Admission test. Learned counsel for the petitioners, in this regard has explained that while action has been taken against the wards of the petitioners by virtually rusticating them from the school but no action has been taken against others who were equally responsible for forcing the wards of the petitioners to indulge into the act of impersonation. Mr. Siddharth, learned counsel appearing for Jawahar Vanodaya Vidyalaya, Rajgir has submitted that there is no dispute to this aspect that the ward of the petitioners had sat in the competitive examination of the school meant for freshers who were to be admitted in the school and being students of Class VIII and X of the said school had impersonated the freshers. He had also in this regard referred to the admission made of the wards of the three petitioners before the authorities that under some misguided instructions and on account of some lure they had done Patna High Court CWJC No.15456 of 2012 (2) dt.21-02-2013 4 so. Referring to the said admission of the wards of the petitioners, Mr. Siddharth submits that in such a situation it was not congenial for the school administration to allow them to study which could have given a wrong message to other students. Submission of the learned counsel for the petitioners that their wards were minors and were under the custody of the school authorities and as such they ought to have not been left without control of the school authorities in order to enable them to impersonate in the school admission test examination has only to be noted to be rejected. The students of Class VIII and X are not ignorant children who are not aware of the consequences of an act which is an offence under the Bihar Conduct of Examination Act. These students, in fact, being in the last year of their career in the school inasmuch as two of them were students of Class X and one of Class VIII were fully aware that the admission test was being held for admission in Class VI of the said school and, therefore, they had no reason to impersonate the freshers. The issue as to whether the school authorities did not check their activities will only mitigate the misconduct on the part of the wards of the petitioners but in any way will not wash of their un-palatable sins of committing an act which is even otherwise punishable under the Bihar Examination Conduct Act, Patna High Court CWJC No.15456 of 2012 (2) dt.21-02-2013 5 1981. Once this aspect becomes clear that the wards of the petitioners had committed violation of the provisions of the Bihar Examination Conduct Act, 1981, their all other arguments either of being minor or juvenile can at best only to give them reprieve from punishment under the aforesaid 1981 Act but can in no way allow them to study in the same school in which they have committed their offence/misconduct. There is no scope for misplaced sympathy for such students. The rest of the issues raised by the learned counsel for the petitioners that the school authorities are equally responsible for not actually checking the activities of wards of the petitioners is a matter of evidence for which they may take recourse to the Law of Tort. If the petitioners are so sanguine about the failure on the part of the school authorities in their duties, they can always bring a suit for damages against the school authorities but that will not give them opportunity to claim continuance of their wards in the school in question. In fact, the school authorities have adopted a very lenient attitude by asking the petitioners to take the transfer certificate of their wards without subjecting them to spoiling of their career by giving a bad character certificate. Thus, in view of above, these three writ Patna High Court CWJC No.15456 of 2012 (2) dt.21-02-2013 6 applications are devoid of any merit and are, accordingly, dismissed. Amin/- (Mihir Kumar Jha, J)