(1.) The petitioner is mother of a student, who was in Class-VIII (A) in St. Xavier's School, Gandhi Maidan, Patna and whose name has been removed/struck off with effect from 9/1/2017 under the decision of the School on the allegation of misconduct of the said student.
(2.) The petitioner is seeking direction to the respondent-school to re-admit her son and declare the decision of the school to strike off the name of her son from the school Register, as illegal, arbitrary and discriminatory. Nine months after the said decision of the School to remove the student's name from the School Register, this writ application under Article 226 of the Constitution of India has been registered on 14/9/2017. At the very initial stage of hearing of this case, keeping in mind lapse of time ( eight months) from the date of removal and interest of the child so that he may not face any hostile atmosphere in the School, this Court had observed that the petitioner should take steps for getting her ward admitted in any other School. The Court had asked learned counsel for the State to have instructions whether the petitioner's son could be allowed admission in any of the Government Schools. It was informed to this Court by the learned counsel appearing on behalf of the State of Bihar, after obtaining necessary instructions that admission of the petitioner's son can be ensured in one of the best Government Schools. The petitioner, however, expressed unwillingness for her son's admission in any of the Government Schools and insisted that this Court should direct the School (Respondent No.9) to re-admit her son. The Court has been given the impression that the classes start in April and when the impugned decision was taken by the School to remove petitioner's son, on 9/1/2017, the academic session was almost over This is why the Court had attempted to explore the possibility of petitioner's son getting admitted in one of the well-known Government Schools of Patna.
(3.) This is not in dispute that the School is a minority educational institution established and administered by Jesuit Fathers who are members of the Society of Jesus, a religious order of men in the Catholic Church which is a denomination of Christians, in exercise of their right under Article 30 of the Constitution of India. The School has been given the status of a minority institutions by notification dtd. 11/11/1978 issued by the Education Department, Government of Bihar. The School imparts education from Kindergarten (K.G.) to Senior Secondary Level and is aided by the State Government to the extent of one sec. /division of the High School sec. of the School (Classes VI to X). The petitioner's son was admittedly student of Sec. VIII-A of the School, which is aided sec. of the School.