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2018 DIGILAW 2388 (MAD)

B. Bharanitharan v. Director of School Education, Chennai

2018-08-03

S.VAIDYANATHAN

body2018
ORDER : "Almost all parents are interested in the children getting qualification rather than they are imparted with Education and the values of life." Writ Petition No.14047 of 2018 is filed praying for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation, dated 06.06.2018 and to direct the school Authorities to take back the student. 2. Writ Petition No.15507 of 2018 is filed praying for issuance of a Writ of Certiorari to call for the records relating to the order of the second respondent passed in his proceedings Na.Ka.No.2735/B5/2018, dated 12.06.2018 and quash the same. 3. The sum and substance of the issue on hand is with regard to a student who suffered injury in the violence caused by some of the students that took place inside the School. 7 students who have involved in the incident, left the School by taking Transfer Certificate and by giving an undertaking. The parents of the students concerned in the Writ Petitions, along with the other students/parents, requested the School that if any action is taken, the students' future would be spoiled, as it may affect XI Std. examination that is scheduled. The student originally were placed under suspension and the said suspension was revoked on an undertaking given by the parents. The mother of the student concerned in these Writ Petitions, has also accepted the incident and to safeguard the interest of the son's future, gave a letter, one in the morning and the other in the afternoon. The crux of the letter is that the student may be permitted to take up XI Std. examination and thereafter, he may be allowed to leave the School by taking Transfer Certificate. But after the examination, the student concerned in the Writ Petitions alone has gone back and started creating trouble to the institution by making a complaint on his behalf. It is also stated that the other parents have also given complaints. 4. It is no doubt true that the children used to fight. The incident is trivial, cannot be accepted, as in many cases, serious offences/incidents alone are brought to light. The pressure had been given on the School to take back the students. To kneel down to the pressure of the Government, the impugned order in W.P.No.15507 of 2018 had been passed stating that the School has refused to admit the students. The incident is trivial, cannot be accepted, as in many cases, serious offences/incidents alone are brought to light. The pressure had been given on the School to take back the students. To kneel down to the pressure of the Government, the impugned order in W.P.No.15507 of 2018 had been passed stating that the School has refused to admit the students. The authorities have not verified the documents. The contention that one of the students who is before this Court, has secured 330 marks and that was the reason for refusal to continue, is falsified, as several students who have secured lesser marks than the student concerned in these Writ Petitions, had been admitted. From a reading of the impugned order, it appears that it has been passed surreptitiously and this Court is of the view that the person who has passed the impugned order, cannot be allowed to continue in the post. None of the submissions have been considered by the authorities. The authority has taken immediate action, but without application of mind. I do not know as to whether the Government officials are doing their work immediately without delay. If there is no delay, and if the officials are discharging their duties according to law, there is no reason as to why there is no improvement in our State. 5. By means of counter affidavit, the impugned order cannot be improved. After going through the counter, this Court posed a question as to whether there was any pressure from anyone for the officer concerned to state the contents of the counter. More than once I have asked and it is stated that there was no pressure from any superior. That being the case, the official concerned shall be displaced to some other post and certainly, the issues concerned about the present School, shall not be dealt with by the officer concerned. 6. In this case, it appears that there was an incident and the student concerned is also involved in the incident. The above observations are made only for the purpose of disposal of these Writ Petitions, as the findings rendered at the end, would make it clear that the observation are for the above reasonings. 7. It is worthwhile to notice a decision of this Court reported in 2015 (3) MLJ 663 : 2015 Supreme (Madras) 1735 : MANU/TN/1032/2015 (Thennarasu Vs. The above observations are made only for the purpose of disposal of these Writ Petitions, as the findings rendered at the end, would make it clear that the observation are for the above reasonings. 7. It is worthwhile to notice a decision of this Court reported in 2015 (3) MLJ 663 : 2015 Supreme (Madras) 1735 : MANU/TN/1032/2015 (Thennarasu Vs. Director of College Education, Chennai and others), wherein this Court has observed as follows: "8. The third respondent college has been established with the sole intention to impart the age old Gurukula pattern of education, wherein the paramount importance is being extended to the disciplined life, so as to fulfill the dreams of Swami Vivekananda, who, in his "The Complete Works of Swami Vivekananda (Vol.4)", has commented on consumption of alcohol as under: "There are certain foods which are exciting; if you eat such food, you find that you cannot control the mind. It is obvious that after drinking a large quantity of wine, or other alcoholic beverage, a man finds that his mind would not be controlled; it runs away from his control." 9. Younger generation should concentrate on their studies rather than spending their time in an extravagant manner and their duty towards nation is inevitable, precious and unavoidable. The whole India depends on deserving youngsters so as to achieve its mission of reaching the status of super power at least in 2020. Even our former President Mr. A.P.J. Abdul Kalam bawled all the youngsters to have dreams in their life and in his message to young people, he has uttered as follows: "My message, especially to young people is to have courage to think differently, courage to invent, to travel the unexplored path, courage to discover the impossible and to conquer the problems and succeed. These are great qualities that they must work towards. This is my message to the young people." Youngsters are the backbone of our country and they are not only playing a role of innovators in our country, but are also coming forward to join the process of putting the nation back on the path. 10 In this case, the main contention of the third respondent that if the rules and regulations are relaxed and diluted to suit the convenience of an individual student, then the future of the Gurukula Institute will be at peril, cannot be brushed aside. ..." 8. 10 In this case, the main contention of the third respondent that if the rules and regulations are relaxed and diluted to suit the convenience of an individual student, then the future of the Gurukula Institute will be at peril, cannot be brushed aside. ..." 8. It has to be observed that the value of education of education is going down and that is why the children of the State are unable to compete with others, unless they are given special coaching. No one is interested in the welfare of the children and that, as long as the values are not taught to the children either from the family or within the family and also by the teachers, the students cannot get the best from the parents and the teachers. 9. In this case, I cannot blame the parents, as the father of the student was not in this country and the mother has accepted the responsibility. Allowing the child to continue in the same school, will give a wrong signal. If for any reason, the school is going to take back the child, either by the direction or by force, it is needless to mention that it is open for the school to proceed against the student based on the complaint and there is no hard and fast rule that the complainant who is a child and who has left the school, has to come and tender evidence. The preponderance of probability is sufficient to prove the guilt. In that event, the future of the student(s) in this case, may be affected. The student(s) concerned can take Transfer Certificate and join in some other school, failing which it is open for the school to proceed in accordance with law, as there cannot be any delay for initiation of action, as the letter of the mother of the student is very clear that they will take the TC immediately after the examination and results, and thereafter, the complaint has been made, and the impugned order has been passed against the school. 10. It is also hereby observed that the petitioner's representation, dated 06.06.2018 shall be considered by the respondent-authorities and disposed of in accordance with law, if the same has already not been disposed of. 10. It is also hereby observed that the petitioner's representation, dated 06.06.2018 shall be considered by the respondent-authorities and disposed of in accordance with law, if the same has already not been disposed of. Taking note of the tender age, the choice is given to the parents of the student to take Transfer Certificate or face the music and the result may not be to the taste of the student. 11. When this order is pronounced, it is stated that the student-Jishnu has taken Transfer Certificate and that the petitioner-B.Bharanitharan in W.P.No.14047 of 2018 has requested for issuance of the Transfer Certificate, by communication dated 24.07.2018 to the School and that the School has also issued the Transfer Certificate, dated 24.07.2018, copy of which is also produced before this Court. Hence, the issuance of the Transfer Certificate is recorded. The observations made supra, are to be taken as only for disposal of the Writ Petitions and they need not be put against the candidate. 12. Further, the observations made in this order against the officer who had passed the impugned order, dated 12.06.2018, stand unaffected and he shall be displaced and the same shall be reported to this Court. 13. With the above observations/directions, W.P.No.15507 of 2018 filed by the School is allowed and W.P.No.14047 of 2018 filed by the student, is dismissed. No costs. Consequently, W.M.Ps. are also closed. 14. Post the matter "for reporting compliance" on 27.08.2018. "Majority of the Children are spoiling their future on account of their Ego, Intolerance, Disrespecting the Elders and No Concern for the Society".