JITENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

(2.) As per the petitioner, his son was a student of Class 9 th in respondent No.5 school which is affiliated to ICSE/ISC Board. On 04.02.2025 petitioner received a telephone call from office of the school and when he reached there he was informed that his son along with two fellow students had created a page in social media platform Instagram in the name of school and had posted memes of teachers. Petitioner's son was also called in the office of the director where he admitted his mischievous act and pleaded apology with promise not to repeat any such kind of act in future. Petitioner also tendered his apology to the school and staff. He was then asked to take his son home and was told that he would receive further directions soon. When petitioner reached home, his son showed him a letter given by the school staff to him which was a Transfer Certificate with bad character without any signature and seal but showed the intention of the school to expel him. On 11.02.2025 petitioner was telephonically informed that his son will only be permitted to appear in annual examination of Class 9 th but will not be permitted to attend the classes and would also not be permitted further studies in the school from class 10th onwards. The petitioner submitted representation on 11.02.2025 through email to the Principal of the school for considering the case of his son sympathetically. The school responded reiterating the stand taken by it earlier.

(3.) On 13.02.2025 the petitioner again sent an email to the school to permit his son for further studies which was refused on 17.02.2025 by an email. The petitioner was also sent a letter dated 17.02.2025 in which it was stated that his son is being terminated from the school and shall be allowed to appear in the final examinations only and till then he would be suspended from the school. Being aggrieved, the petitioner submitted representation to respondent No.2, M.P. State Commission for Protection of Child Rights which took cognizance of the matter. Subsequently, a team comprising members of respondent No.2 and the Collector, respondent No.4, visited the school and issued an order on 03.04.2025 not to terminate petitioner's son from the school and also directed the school for counselling the children. Despite the same, the school did not permit his son to join the school on which respondent No.2 directed for action to be taken in the matter. His son appeared and cleared the Class 9th examination but on 17.04.2025 an email was received from the school informing the petitioner that it is not accepting the decision of respondent No.2 and asked him to collect the marksheet as well as the Transfer Certificate of his son. The school is neither accepting the order passed by respondent No.2 nor the apology of the petitioner and his son hence this petition.