Himachal Pradesh High Court
Prvesh Bragta vs Union Of India And Ors on 13 January, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP Nos. 46/2023, 47/2023 &
51/2023
Decided on : 13.1.2023
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CWP No. 46/2023
Prvesh Bragta .....Petitioner
Versus
Union of India and ors. ....Respondents
CWP No. 47/2023
Rishav Kashyap .....Petitioner
Versus
Union of India and ors. ....Respondents
CWP No. 46/2023
Master Videsh .....Petitioner
Versus
Union of India and ors. ....Respondents
Coram:
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the Petitioner(s): Mr. Jyotirmay Bhatt, Advocate.
For the Respondents: Mr. Balram Sharma, D.S.G.I for
respondent-Union of India for
respondents No. 1 to 3.
Ms. Rita Goswami, Sr. Advocate with
Ms. Komal Chauhdary, Advocate, for
the respondent-CBSE.
Mr. Anup Rattan, A.G. with
1 Whether reporters of the local papers may be allowed to see the judgment? Yes.
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2
Mr. Y. W. Chauhan, Sr. Addl. A.G.,
Mr. Y. P. S. Dhaulta, Addl. A.G.,
Mr. J. S. Guleria, Dy.A.G. &
.
for respondent-State.
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Justice Tarlok Singh Chauhan, Judge (oral)
Since common questions of law and facts arise for consideration in all these petitions, therefore, the same were taken up together for hearing and are being disposed of by a common judgment.
2 On 1.7.2022, one Mr. Gurvinder Singh, MTS, was on night duty and claimed to have noticed some unusual activity around 11.20 P.M. in the Senior Boys Houses during his routine night round in respondent-school campus. He immediately informed about unusual activity to Mr. Dharminder Kumar, PET (Male), who in turn, informed Mrs. Sushila Sharma, Incharge Principal and the concerned House Masters. It was observed that the doors of hostels were locked from inside and the students were not ready to open the doors despite repeated warnings. This compelled the aforesaid MTS to break open the doors. The students, who were not ready to reveal anything, were found to be behaving in a very aggression passion. It is then that it was noticed that a student of class 11th (Commerce) had been badly ::: Downloaded on - 13/01/2023 20:33:46 :::CIS 3 beaten and hurt by three students of class 12th (Commerce), petitioners herein. The petitioners when found to be hurting and .
bullying the said student, an inquiry into the entire episode was conducted and it was recommended by the respondent-school that guilty students (petitioners herein) may be expelled from the school keeping in view the safety and security of rest of the students.
3 The action of the respondent-school has now been approved by the Deputy Commissioner, Navodya Vidalya Samiti, who has accorded approval to issue School Leaving Certificates to the petitioners and aggrieved thereby the petitioners have filed the instant petitions for grant of the following substantive reliefs:
"i. that a writ in the nature of certiorari may kindly be issued for quashing the impugned report, dated 4.7.2022 (Annexure P-1) and impugned orders dated 2.8.2022 (Annexure P-2) whereby the petitioner is expelled from the school by the respondents.
ii. that a writ in the nature of mandamus may kindly be issued directing the respondents to allow the petitioner to study in the school and appear in examinations."
4 Even though the learned counsel for the petitioner(s) would vehemently argue that action taken by the school ::: Downloaded on - 13/01/2023 20:33:46 :::CIS 4 authorities is not in conformity with the guidelines issued by the Central Board of Secondary Education (CBSE) on 9.3.2015 .
(Annexure P-3), however from the perusal of the record, we are not at all inclined to accept such contention as the Court in the given case is required to adopt more pragmatic and practical approach.
5 The fact that the doors had to be broken is a sufficient indicator, which reflects adversely on the conduct of the petitioners herein, who being three in number were found to have been bullying and hurting a junior student studying in Class 11th.
6 There are no allegations of mala fides, therefore, report submitted and action taken by the school authorities is virtually unquestionable, however at the same time, the Court cannot ignore the other side of the picture, when the petitioners are to give their board examinations that too of class 12th and in case, they are deprived of this right, not only would their career be adversely affected, but would have serious impact on the psyche of the students. Therefore, in order to balance the issue, we deem it appropriate to direct the respondent-School to conduct the internal assessment of the petitioners, if not already ::: Downloaded on - 13/01/2023 20:33:46 :::CIS 5 conducted, and thereafter sponsor their names to the CBSE as private candidate(s).
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7 We have no manner of doubt that taking into consideration the facts and circumstances, the CBSE would have no serious objection in treating the petitioners as private candidates and allowing them to appear in class 12th (Commerce). The CBSE would treat the instant case to one of very few exceptional cases.
8 All these petitions stand disposed of, in the aforesaid terms, so also the pending application(s), if any, leaving the parties to bear their own costs.
(Tarlok Singh Chauhan) Judge (Virender Singh) 13.1.2023 Judge (pankaj) ::: Downloaded on - 13/01/2023 20:33:46 :::CIS