TARUN AGARWALA, J. - (1.) THE petitioners are students of Sherwood College, Nainital and have filed the present writ petition praying for the quashing of the order dated 4 th April, 2011, 13 th April, 2011 and 26 th May, 2011 by which they have been asked to leave the institution. The petitioners have also prayed for a writ of mandamus commanding the respondents to restore their admission in 10 th class.
(2.) THE fate of the petitioners is dangling by a thread. The facts leading to the filing of the present writ petition is, that five students went out of bounds on 22 nd March, 2011. These students went to town, had a meal in a restaurant and came back in a taxi. The action of the petitioners caused a serious breach of discipline maintained by the institution. These petitioners violated the rules and regulations of the institution as they left the school premises without seeking prior permission. An action was taken by the institution and the Principal issued a notice on the same date, i.e., 22 nd March, 2011 to the parents to kindly assume custody of their wards and counsel the petitioners till further communication from the institution. In response to the said notice, the parents of the petitioner No.2 came to Nainital and took custody of their child on 24.03.2011. The parents of the petitioner No.1 were abroad and they came on 1 st April, 2011 and took custody of their ward. On 4 th April, 2011, the Principal sent a communication through e-mail to the parents indicating that considering the gravity of the offence committed by the petitioners, the Management was unable to place the petitioners under their pastoral care. The brief reason indicated in the e-mail was the “continued behaviour of this pattern despite frequent counselling and repeated warnings” and, therefore, requested the parents to find an alternate institution for their children. In response to the said e-mail, the father of the petitioner No.1 replied by an e-mail dated 10 th April, 2011 feeling extremely sorry about the incident and intimated the Principal that her daughter has been reprimanded and that he had slapped her which resulted in the perforation of the eardrum and that the daughter was feeling guilty and had admitted her mistake. The father of the petitioner No.1 requested forgiveness and further prayed that another chance be given to her daughter to redeem herself. The father of petitioner No.2 through an e-mail dated 26 th April, 2011 also requested the Principal to give her daughter another chance and also requested for an appointment so that a request could be made personally. The Principal, by an e-mail of 13 th April, 2011 intimated the father of the petitioner No.1 that he was unable to permit the petitioner No.1 to stay further on the campus and requested the parents to comply with the withdrawal procedure. The e-mail further stipulated that no further communication in this respect would be considered. Similar e-mail was also sent to the father of petitioner No.2. The Dean of the School sent an e-mail on 26 th May, 2011 reiterating that it would not be possible for the institution to accommodate the students in the campus and directed the parents to apply for the transfer certificate.
(3.) IN paragraph 12 of the writ petition, it is alleged that since the parents were out of India, the petitioner No.1 remained in the campus till 31 st March and during this period, the petitioner No.1 was not allowed to attend the classes or to participate in the extra curricular activities organized by the school. In paragraph 18 of the writ petition, it is alleged that the parents came to Nainital on 20 th April, 2011 but the Principal refused to meet them and, in fact, threw them out of the campus. When all doors stood closed and repeated requests to meet the Principal fell on deaf ears, the petitioners, having no other alternate, approached the writ court for the redressal of their grievances.;