V.S. BABARAMESH Vs. CENTRAL BOARD OF SECONDARY EDUCATION, MINISTRY OF HUMAN RESOURCES MANAGEMENT AND ORS.

JUDGEMENT

(1.) BY consent, all these writ petitions are taken up for final disposal. The issue involved in these writ petitions is one and the same and hence, common order is passed in these writ petitions.

(2.) EACH of the writ petitioners, in the capacity as the natural guardian, has sworn to the affidavit filed in support of these writ petitions. The deponents would state among other things that their sons had completed IX standard and at present studying in X standard in the third respondent school, namely "The Lawrence School", Lovedale, Ootacamund, Nilgiris District and they received a call from the Deputy Headmistress of Lawrence School on 09.03.2015 informing them about certain incidents which involve their sons and they were directed to appear before her on 17.03.2015 and accordingly, they appeared and they were informed that their sons had crossed the school bounds and returned to the school sometime thereafter. It is further stated that they had discussions with the Deputy Headmistress, House Masters and Human Resources Expert of the third respondent and to their shock and surprise, the third respondent insisted them to apply for Transfer Certificate to take their sons out of school. The petitioners would further submit that by asking their sons to leave the school while undergoing studies in X standard, may affect their career and inspite of tendering apology and also undertaking that such kind of incidents will not occur in future, the third respondent failed to take into consideration of the same. In this regard, representations were also submitted for reconsideration of the decision and since it failed to evoke any kind of response, they came forward to file these writ petitions.

(3.) THE Regional Officer, Central Board of Secondary Education, Regional Office, Chennai -40, namely the second respondent herein, has filed a counter affidavit stating among other things that insistence on the part of the third respondent to receive the Transfer Certificates of the sons of the writ petitioners, other than the grounds mentioned in CBSE Examinations Bye -Laws is improper, subject to the proof of any violation of rules found after due enquiry and the continuance of the concerned students shall affect the discipline of students and necessary disciplinary action against the erring students is inevitable.