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2018 DIGILAW 18 (MEG)

Dibakar Koch v. Union of India

2018-06-04

MOHAMMAD YAQOOB MIR

body2018
JUDGMENT : Mohammad Yaqoob Mir, J. 1. Communications dated 20.09.2016 and 22.11.2016 are sought to be quashed. In terms of communication dated 20.09.2016, issued by respondent No.5 (Principal), Transfer Certificate has been issued on the basis of report of the Enquiry Committee, in pursuance of the Assistant Commissioner, NVS, R.O. Shillong's letter No.59/WGH-NVS (SHR)/Acad dated 05.09.2016, approved by the VMC, Chairman, Deputy Commissioner, Ampati. 2. Jawahar Navodaya Vidyalaya (for short JNV) is a residential set up and co-educational institution run by Navodaya Vidyalaya Samiti, an autonomous body under the Ministry of Human Resources Development (for short HRD), Department of Education & Literacy, Union of India. Same is affiliated with Central Board of Education, New Delhi, for classes VI to XII standard. The Chairman of the Samiti is the Minister of HRD. Samiti functions through an Executive Committee under the Chairmanship of the Minister of HRD, which is responsible for management of all affairs of the school. 3. The children of the petitioners belonging to the backward tribe were admitted in JNV situated at Kendrakona, Mahendraganj, South West Garo Hills District. 4. On the mid-nights of 06.08.2016 and 09.08.2016 between 12.30 a.m. to 3.00 a.m. and 2.00 a.m. to 4.00 a.m., students, namely, Mst. Purukhit Hajong (Class X), Mst. Sushanto Dalu (Class XII), Mst. Arish Walter (Class IX), Mst. Matrict Sangma (Class DC) and Mst. Benjamin (Class IX) had secretly entered into the girls dormitory through the back side used to be kept open on the request of female students as they used to dry clothes in the back side of the dormitory. 5. House Mistresses, namely, Smt. Deepa Rani Mishra, TGT (Hindi) and Ms. Varsha Anand (PET) noticed unwanted activities of the above named students. The Principal of JNV was on official duty at Gauhati. Vice Principal, on receipt of the complaint, instructed the staff to be alert, held a meeting with all the House Masters and House Mistresses, it was decided to form an Enquiry Committee to investigate the matter in the light of the complaint as had been received, forming Annexure I to the counter affidavit. On enquiry, it was found that two girls and two boys, named in the report, had spent more than one hour in the bathroom, which fact was admitted by the two girls who have given a written statement. On enquiry, it was found that two girls and two boys, named in the report, had spent more than one hour in the bathroom, which fact was admitted by the two girls who have given a written statement. One out of two girls also mentioned that three other students named in the report had also come inside the dormitory and had started to look at the girls while they were asleep. Two boys named in the report, who had spent more than one hour in the bathroom, had absconded. As against them, FIR has been lodged in the Mahendraganj Police Station. The Committee report also suggests that they had taken statements of fifty-eight (58) girls, who had named five boys whose guardians are the petitioners, to have entered the girls' dormitory at night. It has also been mentioned that the two boys, namely, Mst. Purukhit Hajong and Mst. Arish Walter had threatened them of dire consequences. 6. Vidyalaya administration took a unanimous decision to issue Transfer Certificate to the involved five boys and two girls so as to save the reputation of the Vidyalaya and to ensure safety of the other girls in the school. The said decision was approved by the Chairman (Deputy Commissioner, Ampati). As a result whereof, communication impugned dated 20.09.2016 issued by the Principal regarding issue of Transfer Certificate was sent to the fathers/guardians of seven students. 7. The fathers/guardians of the seven students represented before the Additional Deputy Commissioner that in case their wards are permitted Transfer Certificates on the basis of the enquiry report of the Enquiry Committee approved by the VMC, Chairman, their future will be marred. Finally, vide communication dated 22.11.2016, the said seven students were shifted (migrated) to other Vidyalay as as referred to in para 2 of the counter affidavit. Same, for convenience, is reproduced as under: Sl. No. Name of Student Class Shifted to 1. Mst. Purukhit Hajong X KNV Udalguri, Assam 2. Mst. Sushanto Dalu XII JNV Jaintia Hills, Meghalaya 3. Mst. Arish Walter IX JNV Nagaon, Assam 4. Mst. Matrict Sangma IX JNV West Khasi Hills, Meghalaya 5. Mst. Benjamin IX JNV Ri-Bhoi, Meghalaya 6. Miss Anandi Koch X JNV Nalbari, Assam 7. Miss Bemeda R. Marak IX JNV Nagaon, Assam 8. Mst. Purukhit Hajong X KNV Udalguri, Assam 2. Mst. Sushanto Dalu XII JNV Jaintia Hills, Meghalaya 3. Mst. Arish Walter IX JNV Nagaon, Assam 4. Mst. Matrict Sangma IX JNV West Khasi Hills, Meghalaya 5. Mst. Benjamin IX JNV Ri-Bhoi, Meghalaya 6. Miss Anandi Koch X JNV Nalbari, Assam 7. Miss Bemeda R. Marak IX JNV Nagaon, Assam 8. Communication dated 15.05.1997, issued by the Assistant Director (Academic), reveal that vis-a-vis serious in-disciplinary cases, Principal may issue Transfer Certificate with the approval of the Chairman, VMC and it is in the same background, Transfer Certificate was issued in favour of seven students but, subsequently, on representation for protecting the academic career of the students, decision was taken to shift them to other Vidyalayas. 9. Keeping in view the allegations against the seven students having given rise to serious indiscipline, they could not have been given any concession but in view of their tender age and educational pursuit, a sympathetic view has been taken by shifting them to different Vidyalay as. Shifting them to different Vidyalayas appears to be with an object of reformation. They have been separated from each other so that they may not repeat what they had allegedly done. 10. Establishment of Vidyalayas has an object of imparting education and promoting merit at the grass root level. If in such Vidyalayas, indiscipline is tolerated, then the very object of establishing Vidyalaya for imparting better education to make the future of the students bright will be a casualty. 11. In-keeping with the object of promoting the education and future of the students, the authorities have taken a right decision by shifting the seven students to different Vidyalayas. 12. Contention of the learned counsel for the petitioners is that the future of the students will be in jeopardy because the allegations against them are stigmatic, therefore, there should have been a proper enquiry. The submission though attractive but on scrutiny is found without substance because the authorities have properly enquired into the matter. It is only when they have noticed indiscipline, they had initially taken the decision to issue Transfer Certificate so as to see them off from the Vidyalaya but subsequently, on representation, have, in the better interests of the students, sympathetically considered the matter and given them the chance to reform and to pursue their studies by shifting them to different Vidyalayas. The students being minors, therefore, to say that their future will be jeopardized in view of stigmatic allegations, can be taken care of by reforming them so as to be developed as better citizens. The students being in their tender age, no punishment has been awarded, therefore, shifting them to other Vidyalayas is not stigmatic. When they will become good students and good citizens, the alleged episode has to be ignored as if it had not happened. 13. The action initiated by the respondent authorities on the strength of the material on record cannot be found fault with. The reformatory measures taken by the respondents, in effect, are in the better interests of the said seven students. It shall be pertinent to mention that the Assistant Commissioner, in his report about the in-disciplinary activities at JNV, West Garo Hills District, has given the views and picture of the entire episode but then has observed that regarding seven students, Transfer Certificate issued is required to be revoked on a condition that they be transferred to other JNVs as made mention of in the report. It has been further recorded that in case of any indiscipline reported by the JNV where the students will stay, then no further representation will be entertained and Transfer Certificate will be issued straightway. Principal, JNV, in this regard has been asked to obtain affidavit from the parents of the said seven students. The said recommendation of the Assistant Commissioner, NVS, R.O. Shillong, has been approved by the Chairman (Deputy Commissioner). 14. In the light of the report prepared by the Assistant Commissioner, the mode and method adopted for the well-being of seven students is quite apposite. No scope for taking an exception to the same. 15. For the observations and the facts stated hereinabove, the petition is destined to fail, according dismissed along with connected MC.