LAWS(ALL)-2007-4-416

KUMARI SURYA SHUKLA Vs. STATE OF U.P.

Decided On April 04, 2007
Kumari Surya Shukla Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) WHETHER change in dress, curriculum or books and demanding advance fees for the closer period, compelling the students to purchase books and dress material from particular shops and Bookstall by the Schools or Colleges and also to compel the students to open Bank account in a specified bank, is justified and whether student can be expelled from an institution without serving prior notice in utter disregard of principle of natural justice, are some of the questions which have cropped up for adjudication by this Court in the present writ petition.

(2.) PETITIONERS , who are of tender age, being meted with unruly treatment imparted by the Principal and management of their institution and because of raising of their voice against certain malpractices, have approached this Court under Article 226 of the Constitution of India, challenging their ouster from the school in question. The facts and circumstances, brought on record, also show, how cruelly and in unsystematic manner, the children are treated in some of the schools of the State of U.P. in the process of mending of money during the course of study through exploitation by the management while running the schools or colleges. The material and evidence on record also show that School and Colleges in the State have indulged into commercial activities to earn maximum income, may be at the cost of extreme hardships to the family of students.

(3.) SHRI Udai Shukla, who is natural guardian and father of the petitioners, appeared in person to argue the case that all the three children have got bright academic record and cleared the annual examinations of the Session 2004 -05 but they have been expelled from the institution in an arbitrary manner for oblique purpose in violation of principle of natural justice. Their next academic session started from 1st of April, 2005.