KODAIKANAL INTERNATIONAL SCHOOL Vs. MINOR NIHAL GHOSH

JUDGEMENT

(1.) The above Revision under Article 227 of the Constitution of India is directed against the order dated 6-2-2003 of the learned District Munsif-cum-Judicial Magistrate, Kodaikanal in I.A.No. 31 of 2003 in O.S.No. 17 of 2003.

(2.) Heard Mr. N.S. Sivam, learned counsel for the petitioner and Mr. Sridhar, learned counsel for the respondent.

(3.) Kodaikanal International School through its Principal is the petitioner in the above Revision. The case of the petitioner school is briefly stated hereunder: The respondent-student Nihal Ghosh studied in the petitioner school upto 8th Grade along with his elder brother. In 2001, his parents shifted Nihal Ghosh from Kodaikanal International school. In 2001, the parents of Nihal Ghosh requested Kodaikanal International School to re-admit their son Nihal Ghosh. By showing latitude, Nihal Ghosh was admitted in the petitioner school in July, 2001 in Grade 10 (Tenth Standard) signing Code of Conduct prescribed for the students. In February, 2002, the school staff Mirdula Bardhan reported that Nihal Ghosh was often disrupting the classes and his behaviour distracts other students and spoils the sobriety of the school room environment and his slang and vulgarity suggest obsession with thoughts of sex. The examination by the school Doctor revealed that Nihal Ghosh has developed the habit of using Marijona and only half a packet of marijona now produces effect on him. He was advised to come for periodical counselling. On 28-8-2002 the school doctor reported that the boy has admitted that he is in the habit of using Heroine and Horse tranquilisers. The Dean of the student on seeing these Medical Reports caused surprise visit to the dormitory and on 30-08-2002 wherein he found Nihal Ghosh was smoking cigarette and his eyes were dilated. Again on 01-09-2002 on another surprise visit, the Dean found packet of cigarettes hidden under computer. Immediately the school by letter dated 03-09-2002 advised the parents of Nihal Ghosh to come and take charge of the boy immediately and give adequate medical help to enable the boy to get out of the drug addict habits and only when medical tests show that the boy has got out of these habits he could be allowed to study in the school.