- (1.) THE matter herein pertains to future of two minor children who clamour for justice with a view to safeguard their career. It is rather in unfortunate circumstances that the petitioners have come to this Court seeking a direction to be issued to the respondents and in particular to respondent No. 3 to readmit them in the school in the classes in which they were studying, after setting aside order Annexure P-5 vide which they were expelled from the school.
(2.) THE brief facts of the case reveal that petitioners, who are brother and sister, were studying in Army Public School, Degshai. The school aforesaid is managed by the Army Headquarters Western Command (A Branch), Chandimandir. On June 3, 1993, Amandeep petitioner No. 2 was given corporal punishment by his House Perfect Sadev Preet and his House Master Rajneesh Sharma. He was caned Mercilessly and made to crawl on his elbows till the same started bleeding. He was also slapped as he could not get his Sports T-shirt issued from the clothing store. Even though he was mercilessly beaten and tortured, he was not given first aid/medical treatment and he could not have his food as he was unable to go to the dining hall due to severe pain.
(3.) ON 5. 6. 1993, the parents of the petitioner visited the school to attend the annual function. They were distressed to see their child in a hopeless state. Petitioner Amandeep was shown to the Chief Guest Lt. General B. K. N. Chhibar. This visibly annoyed the Principal of the school Mr. V. K. Mehta. Amandeep was, however, brought to Chandigarh and got medically examined at General Hospital. The medical certificate issued by the doctor concerned shows four injuries which could still be detected. This incident of beating was also highlighted by the Press, i. e. The Tribune in its news item which appeared on 7. 6. 1993, copy whereof, has been annexed as Annexure P3 with this writ petition. The news item with its heading is "beaten till he limped". The father of the petitioners reported the matter to Union Territory Administration vide his letter dated 13. 6. 1993. It appears that when the news item aforesaid and complaint addressed by the father of the petitioners came to the notice of the Principal, the petitioners were expelled by issuing them registered letter on that behalf on 30. 6. 1993. Alongwith the letter of expulsion, transfer certificates were also sent to the petitioners, the same were counter signed by the District Education Officer, Chandigarh Administration. It is pleaded that after expulsion from the A. P. S. Dagshai School, the petitioners were on the road and have not been admitted else where. No notice or letter was ever received by the petitioners before taking the extreme step of expelling them from the school in mid term. On the aforesaid facts, it is pleaded and so argued by Mr. Mattewal, the learned Senior Advocate that the career of the petitioners could not be ruined for no fault of theirs. There was nothing against them which could confer power and jurisdiction with the authorities to expel them from the school. This expulsion would not only waste their one academic year but the parents of petitioners would suffer loss of substantial amount of Rs, 50,000/- which they spent on admission and study for some months when they were in the school. It is further argued that in case some action was to be taken against the petitioners, an opportunity should have been given to them by alleging some activity done by the petitioners that might be prejudicial to the school or its reputation.;