SANJEEV GARG Vs. UNION TERRITORY CHANDIGARH

JUDGEMENT

(1.) This judgment shall dispose of CWP No.15750 of 2017 and CWP No.38098-2018 as they are inter connected. The relief claimed in CWP No.15750 of 2017 is that the son of the petitioner having been wrongfully suspended by respondent No.5-school, no fee should be charged for the period he remained under suspension and he should be permitted to rejoin the school, take appropriate legal action against respondent No.5-school and to adequately compensate the petitioner for harassment meted out to him. In CWP No.38098 of 2018, the relief sought is for direction to the respondent-school to register the petitioner with the Central Board of Secondary Education (CBSE) for class 9 session 2018-19 or in the alternative to direct the CBSE to directly register the petitioner for class 9 session 2018-19.

(2.) For granting either of the reliefs, a finding of illegal suspension needs to be returned and thus, both the aforementioned petitions are being decided by a common judgment.

(3.) Educational institutions are nurseries for our future generations. They nurture our children so that they grow up to be responsible citizens. The role of parents, is however, far more important. A child spends more time in the comfort of his home than at school. Therefore, parents are more responsible for shaping their wards. Focus must be maintained on the interest of a child and if there appears to be a conflict between individual requirements of a child and the general requirements of maintaining discipline and good behavior in an educational institution, a cooperative approach needs to be adopted. Confrontation only harms the interest of the child as does an attitude of protectionism. Right to education though a facet of right to life, must be construed in the correct perspective. Discipline is an integral part of education and i.e. how the concept of education must be understood.