Uttarakhand High Court
Mohit Chamoli & Others vs Shri Guru Ram Rai Education Mission on 8 October, 2012
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No. 2121 of 2012
Mohit Chamoli & others ... Petitioners
Vs
Shri Guru Ram Rai Education Mission
& others ... Respondents
Mr. Pawan Mishra, Advocate, present for the petitioners.
Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. G.D. Joshi,
Advocate, present for respondent No. 1 and 2.
Mr. A. Shukla, Advocate, holding brief of Mr. Gopal Naraian,
Advocate, present for respondent No. 3.
Hon'ble Sudhanshu Dhulia, J. (Oral)
The petitioners are the students of Class XII in Shri Guri Ram Rai Public School, Race Course, Dehradun. They have been rusticated from the school vide order dated 03.10.2012 by respondent No. 2, as there is a First Information Report lodged against the petitioners under Section 306 of I.P.C. and the allegation against the petitioners is that they instigated one of the students to commit suicide and that they have passed uncalled remarks against that student. Since there was public outcry against these students/petitioners, the School Administration had taken a decision to rusticate these students from the school.
2. On the last occasion, learned Senior Counsel Mr. Rajendra Dobhal, appearing on behalf of the school, was asked to get instruction in the matter as to whether the petitioners can be accommodated elsewhere meanwhile. According to him, he is not in a position to make any statement before the Court in this regard.
3. Mr. A. Shukla, Advocate, holding brief of Mr. Gopal Narayan, learned counsel for the respondent No. 3.
24. Learned counsel for the respondents pray for and are allowed three weeks time to file counter affidavits. Rejoinder affidavits thereto, if any, be filed within three weeks thereafter.
5. List the matter after seven weeks in the daily cause list.
6. Meanwhile, since it has been brought to the notice of the Court that Shri Guru Ram Rai Education Mission has other similar institute in District Dehradun, particularly, at Patel Nagar, Dehradun, purely in the interest of justice, respondent No. 1 is hereby directed that respondent No. 1 shall faithfully consider the transfer of the petitioners to this school situated at Patel Nagar, Dehradun forthwith, so that it will not hamper the studies of the petitioners as there is a risk of shortfall of their attendance in the coming Board examination of class XII, in the year 2013.
7. It is made clear that it will not prejudice the case against the present petitioners. The present order is passed purely in the interest of justice as well as interim protection to the petitioners as they are students of class XII. The final order in the present petition as well shall depend upon the merit of the case.
8. Let a copy of this order be supplied to learned counsel for the petitioner today itself, on the payment of usual charges.
(Sudhanshu Dhulia, J.) 08.10.2012 Aswal