PRVESH BRAGTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Since common questions of law and facts arise for consideration in all these petitions, therefore, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) On 1/7/2022, one Mr. Gurvinder Singh, MTS, was on night duty and claimed to have noticed some unusual activity around 11.20 P.M. in the Senior Boys Houses during his routine night round in respondent-school campus. He immediately informed about unusual activity to Mr. Dharminder Kumar, PET (Male), who in turn, informed Mrs. Sushila Sharma, Incharge Principal and the concerned House Masters. It was observed that the doors of hostels were locked from inside and the students were not ready to open the doors despite repeated warnings. This compelled the aforesaid MTS to break open the doors. The students, who were not ready to reveal anything, were found to be behaving in a very aggression passion. It is then that it was noticed that a student of class 11th (Commerce) had been badly beaten and hurt by three students of class 12th (Commerce), petitioners herein. The petitioners when found to be hurting and . bullying the said student, an inquiry into the entire episode was conducted and it was recommended by the respondent-school that guilty students (petitioners herein) may be expelled from the school keeping in view the safety and security of rest of the students.

(3.) The action of the respondent-school has now been approved by the Deputy Commissioner, Navodya Vidalya Samiti, who has accorded approval to issue School Leaving Certificates to the petitioners and aggrieved thereby the petitioners have filed the instant petitions for grant of the following substantive reliefs: