- (1.) This Court shocked to read the news items published in the newspaper "Dainik Bhaskar" dated 14th November, 2011 about the ragging of the students and, therefore, suo motto cognizance was taken and this Public Interest Litigation was registered, on the basis of photographs where large number of students have been shown to be tortured by the senior students of the same school i.e., Sainik School Tiliaya and it was ordered by this Court to hold an enquiry upon which, the Principal Secretary, Human Resources Department, Government of Jharkhand conducted the enquiry and submitted its report, which is taken on record. The school administration has also conducted enquiry at its own level, obviously after knowing about the cognizance taken by this Court and constituted 'Board of Inquiry' consisting of (1) Sqn Ldr Amitabh Ranjan, Registrar-Presiding Officer (2) Mr. Kavita Prakash-Member and (3)Mr. S.N. Choubey-Member. The said committee submitted the report as 'Annexure-B' to the counter affidavit filed by the Sainik School Tiliaya. In the report, it has been admitted that the incident occurred and the Board also came to the conclusion that the incident may have occurred in the month of November, 2010, which has been published in the newspaper on 14th November, 2011. In the report, it has been stated that two students have been identified who are Cadet Arvind Kumar, Kanhu House and Cadet Anand Prakash, Kanhu House. However, in the photographs published in the newspaper, Dainik Bhaskar, there appears to be four students in same dress and rest of the students are in other dresses. Out of these four students in similar dresses, in one of the photographs, one student has been shown beating the others and other two in the similar dress appears to supporting the student beating the other students. Therefore, report appears to be not correct as it says that only two students were involved in beating the other students. In one of the photographs about 23 students were shown to subjected to ragging and, therefore, it is unbelievable that only two of the students may have come to beat and punish to such large number of students. As per the report itself, the incident occurred in front of the main hostel and that too after lunch and before the games period. Therefore, the timing is very important as the students must have remained there. Therefore, it cannot be believed that incident was not noticed by anybody. Looking to the pictures published in the newspaper, we are of the considered opinion that this incident may not have been ended within short period of four to five minutes. Not only this when matter was enquired independently by the Principal Secretary, Human Resources Department, Government of Jharkhand, it was found that some guidelines have been placed in the school diary under the heading "Corrective Measures" wherein punishments have been permitted, and that too punishing of the junior students by the senior students. Not only this but in the same report submitted by the Principal Secretary, Human Resources Department, Government of Jharkhand, plea has been taken by the school administration that this was the only incident took place in the school and no other incident has occurred before that. The students, who have been subjected to such ragging in large number and that too by brutal beating and by giving other punishments did not utter a single word clearly indicate that students remained under fear and therefore, they may not have raised voice, if contention of school is accepted to be true. Stand of school cannot be believed as the students must have informed their parents at least. This clearly indicate the atmosphere of fear in the school or such treatment was permissible with the sanction of the school administration under the garb of keeping the students under discipline. If in fact such incident has not been noticed by the school administration at that time and even after passing of about one year and till it has been reported by the newspaper or TV channels then also there was complete lack of school administration in the school and it was a case of grave concern of the safety of the students admitted in the school because such incident in the view of the school administration could have occurred without notice to the school administration and, therefore, more could have happened to these students. We are constrained to observe here that even after order passed by the Hon'ble Supreme Court in the matter of ragging, which has been well published by media and conveyed to all citizens, has not reached to such school administration or rather to say that has been ignored who appears to be under impression that the only way to discipline students is to beat them or treat them as animals. If this is a mode of treatment to discipline the students what will happen to the students who gave beating is a serious question, which should have been occurred in the mind of the school administration and what type the students who suffered mercilessly beating is another question which required to be considered by the school administration.
(2.) Be that as it may be, since there is a written guideline given in the school diary for correcting the students under the heading "Corrective Measures", we would like to see that school diary. Therefore, the school administration is directed to submit the copy of that diary containing that "Corrective Measures".
(3.) Learned counsel for the school administration submitted that incidentally School Headmaster is present in Court with the said school diary containing "Corrective Measures". Mr. TD Premlal, Principal, Sainik School Tiliaya, who is present in the Court today, has assisted this Court and drew our attention to the "Corrective Measures" given in the school diary and submitted that House Appointments means In-charge student of the House consisting of few number of students and submitted that there is a house master also who is a teacher and he accompanies the students group to the lunch and see that student should take the lunch properly and thereafter, he will come back with the students and leave the students for a short period so as to assemble in the ground for games. It is submitted that this is one of the best schools in India and as per their curriculum, the students of Sainik School Tiliaya are required to keep physically fit and not only keep physically fit, they are made to become build in body so as to be active and, therefore certain exercises have been prescribed. It is submitted that in short period of duration this incident occurred and this is the only incident occurred and that too for a short period of time and it was not noticed by anybody.;