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State of Jharkhand - Section

Section 241 in Bihar Education Code, 1961

241. Appeals.

- In all cases of rustication or expulsion by the managing committee a statement of the case must be drawn up and approved by the managing committee. It should state clearly the nature of the offence committed and the evidence on which the decision of the committee is based. One copy of the order passed must be forwarded immediately to the District Education Officer and another, under registered cover, to the parent or guardian of the pupil. The parent or guardian of a pupil who is punished with rustication or expulsion may appeal to the District Education Officer or Inspectress of Schools, Bihar against the order of the managing committee, provided that any such appeal must be received in the office of the District Education Officer or the Inspectress of Schools, Bihar within 20 days from the date of the receipt by the parent or guardian of the order against which the appeal is made. If no petition of appeal is received in the office of the District Education Officer or the Inspectress of Schools, Bihar within the specified period, the District Education Officer or the Inspectress of Schools, Bihar will confirm such order, or diminish or increase the punishment.In cases of gross indiscipline, the District Education Officer shall have the power to rusticate a student, reading in a school other than that which is under the direct management of a local body, without consulting the managing committee and any appeal from the parents or guardians of such students shall lie to the Regional Deputy Director of Education, whose decision shall be final.In order to deal with the misbehaviour of students sent up for the Secondary School Examination, who are under no obligation to attend the school the good conduct certificate granted by the Headmaster/Principal may under orders of the District Education Officer be withdrawn or withheld. This would disqualify such students from appearing at an examination or being eligible for appointment to any public service. The District Education Officer will have the power to direct a Headmaster/Principal to withhold or withdraw a good conduct certificate in case of proved misbehaviour on the part of ex-students.(G.O. no. 4335, dated the 24th November 1958 and Resolution no. 728-E., dated the 21st July, 1954.)Note. - (1) Pending the decision of the appeal the student rusticated or expelled must not attend school, though his name will continue to be borne on the rolls. If the appeal is allowed, but not otherwise, he will be required to pay fees for the period during which the appeal was under consideration.
(2)No appeal lies against the order of the Chairman of a local body when he, with the District Education Officer's concurrence rusticates or expels a pupil of a school managed directly by that body. If the Chairman and the District Education Officer differ, an appeal lies to the Director.(Order of the D. P. I. embodied in the first edition of the Code and G. O. no. 4318, dated the 24th November 1934 and Government Resolution no. 728-E. R., dated the 21st July, 1954.)