KESHAB CHANDRA Vs. INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) This case discloses rather an unfortunate state of affairs. On 12-9-1952, there was some trouble in front of a school known as K. R. Rastogi Higher Secondary School, Farrukhabad. One of the boys reading in that School was the applicant Keshab Chandra, son of Mukta Prasad. He was a student of XIIth class. In the fracas between the police and the students two police officers received some injuries. A report was made at the police station, that about 150 to 200 students had taken part in the incident, but their names were not mentioned, The only name giver* in the report was that of a lecturer of the said School, Suresh Chandra Shukla.

(2.) Whether the students of this particular institution had taken part in the fracas and who they were, is not a matter about which we can express any opinion. We have been informed that there is a case pending against 10 students in the Court of the Magistrate,. Fatehgarh.

(3.) On 9-10-1952, even before the students who had been arrested had been put up for identification the Inspector of Schools passed an order rusticating a number of boys. On 16-9-1952, the applicant was arrested but he was released on bail the same day. On 6-12-1952, he was put up for identification but no one identified him as among those who had taken part in the affray. In the affidavit in support of the application it is mentioned that the applicant was never sent for or interrogated by the Principal of the School in connection with the incident and the Principal did not make any report against the applicant to the Inspector of Schools. It is further mentioned that neither the Director of Education, nor the Inspector of Schools made any enquiries before rusticating the applicant and some other boys on 9-10-1952. As a matter of fact in the rustication order even the name of the boy was not correctly given He was described as Kishan Chandra, son of Mukta Prasad, though his name is Keshab Chandra, son of Mukta Prasad.