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High Court of Punjab and Haryana · body

2025 DAILYLAW 96846 (PNJ)

RANSHER SINGH CHAHAL MINOR THROUGH HIS LEGAL GUARDIAN AND ANR v. CHAIRMAN CENTRAL BOARD OF SECONDARY EDUCATION

CWP/25764/2025 · 2025-09-19

Kuldeep Tiwari

body2025

Judgment text

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CWP-25764-2025 1 113 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-25764-2025 Date of Decision: 19.09.2025 Ransher Singh Chahal (Minor) through his legal guardian and another .....Petitioner Versus Chairman Central Board of Secondary Education .....Respondent CORAM : HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Viren Sibal, Advocate for the petitioners. Mr. B.S. Seemar, Advocate, Standing Counsel for respondent No.1-CBSE (through V.C.). Mr. Gokul Holani, Advocate Mr. Manveen Narang, Advocate Mr. Shivani Khandikar, Advocate Mr. Shivam Kashyap, Advocate for respondents No. 2 to 4. Mr. Bhupender Singh, Addl. AG, Haryana for respondent No.5. *** KULDEEP TIWARI , J. (Oral) 1. This Court, vide order dated 01.09.2025 has passed the hereinafter extracted order, upon the instant writ petition:- "Through the instant writ petition, challenges is thrown to the show cause notice dated 31.07.2025 (Annexure P-4), notice dated 06.08.2025 (Annexure P-6), as well as, notice dated 21.08.2025 (Annexure P-11), on the ground, that the same were not in consonance with the circular issued on 14.07.2009 (Annexure P-14). It is a case, which appertains to 17 years minor child, who seems to have been in conflict with the other students, NEERAJ 2025.09.19 18:35 I attest to the accuracy and integrity of this document CWP-25764-2025 2 and on account of his consistent unruly behaviour, the impugned notice(s) have been issued. Notice of motion. Mr. B.S. Seemar, Advocate, Standing Counsel for respondent No.1-CBSE, as well as Mr. Bhupender Singh, Addl. AG, Haryana, for respondent No.5, accepts notice, and waives service. Notice to respondents No.2 to 4, be issued returnable for 12.09.2025, on furnishing of requisite process fee by the learned counsel for the petitioners. Dasti as well. Considering the fact that academic career of the student is at stake, this Court, deems it apt to post this matter for a short date, and it is expected that on the adjourned date, all the respective parties shall file their response/written statement. To be shown in the urgent list. It is made clear that on the next date of hearing, no request for an adjournment on behalf of either of the parties concerned, shall be entertained." 2. In pursuance of the order (supra), Mr. Gokul Holani, Advocate has caused appearance on behalf of respondents No. 2 to 4. 3. At the outset, learned counsel for petitioner submits that he does not wish to join the issue, on the merits of the case, as his concern is only the future of the child. The petitioner is studying in Class 10+2, and pursuing studied in Commerce stream. His presence in the school is essential for shaping his personality and career. He submits that he has instructions from the mother, as well as, from the minor child, that there shall be no repetition of the misbehaviour or misconduct, on the part of the petitioner/minor. 4. Learned counsel appearing on behalf of the respondents No. 2 to 4/School, submits that their concern is only with regard to maintaining discipline in school, and the welfare of the fellow students, only on account of repeated incidents of violence and misbehaviour with fellow students, the School had to take the extreme decisions. NEERAJ 2025.09.19 18:35 I attest to the accuracy and integrity of this document CWP-25764-2025 3 5. In order to understand the issue, this Court directed the petitioner/minor child and his mother, to cause appearance through virtual platform, post lunch session, and therefore, the matter was given a passover, to be taken up post lunch session. 6. In deference to the directions issued by this Court, the minor child alongwith his mother has caused appearance through virtual platform. 7. During the interaction, the petitioner/minor child has assured this Court, that he will mend his ways, and he will not repeat such misconduct, in future. 8. On the other hand, learned counsel for the respondents/School, has placed on record the copy of the conditions, the same is taken on record. He further submits that the respondent/School, is ready and willing, to allow the petitioner/minor child, to join the classes, however, subject to the conditions extracted hereinafter:- "1. No Repetition of Misconduct: They agree that there shall be no further instance of bullying, aggression, harassment, indiscipline, or violation of the School Code. 2. Understanding of Consequences: They understand and accept that any future act of serious misconduct shall lead to strict disciplinary action, including immediate expulsion, without any further show cause or leniency. 3. Adherence to Code of Conduct: The student shall follow all school rules and policies and shall respect all staff. students, and authority. B. Disciplinary Probation and Behavioural Monitoring 1. The student shall be placed on strict probation for the rest of the academic year. NEERAJ 2025.09.19 18:35 I attest to the accuracy and integrity of this document CWP-25764-2025 4 2. Monthly behaviour reports will be prepared by the school counsellor and shared with the parents. 3. The student must attend mandatory counselling sessions, as required by the school." "D. Written Apology and Accountability 1. The student shall submit a written apology addressed to: The Principal, The school staff, and The student community. 2. This apology should acknowledge: His past misconduct, The hurt caused to the victim, and His commitment to change." 9. He further submits that in addition to the conditions (supra), there shall be other conditions, vis a vis that the petitioner/minor child will be granted only restricted participation in the school activities, and the respondent/school cannot grant any assurance, with regard to his Character Certificate/LORs. 10. This Court has considered the submissions made by learned counsel for the respondent/school, and finds that the conditions which are specifically mentioned in paragraph 8 of this verdict are rational and acceptable, and since the petitioner has already assured this Court, by causing appearance in person, the other conditions, as mentioned in paragraph 9 are not necessary to be imposed, at this stage. 11. Therefore, in view of the above observations, the petitioner is allowed to join the school, subject to the conditions as mentioned in paragraph No.8 of this verdict, w.e.f. Monday i.e 22.09.2025, positively. NEERAJ 2025.09.19 18:35 I attest to the accuracy and integrity of this document CWP-25764-2025 5 12. Consequently, no further direction is required to be passed, at this stage, and therefore, the instant writ petition is disposed of, accordingly. 13. Copy of this order be conveyed to learned counsel for the respondent/school, for its compliance. ( KULDEEP TIWARI ) JUDGE 19.09.2025 neeraj Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No NEERAJ 2025.09.19 18:35 I attest to the accuracy and integrity of this document