Student Files Case Challenging School’s Decision To Debar Him

Mumbai: The Bombay High Court on Tuesday directed the principal of a Nashik school to appear before it, while hearing a petition filed by a minor, challenging the school's decision to debar him on the ground that he was aggressive and was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD).

The court also reprimanded the lawyer appearing on behalf of the school for talking about the boy's behaviour in front of him, saying if special care of such children was not taken, then we may face situations like in western countries where youths go around firing in schools and colleges. The court said such matters would have to be approached with some sensitivity and asked for the school's principal and the boy's teacher to appear before it on Wednesday when an in-chamber hearing would be held.

A division bench of Chief Justice Manjula Chellur and Justice MS Sonak was hearing the petition filed by the 14-year-old student, challenging the decision of the private school to rusticate him.

The bench reprimanded the school's lawyer for talking about the minor petitioner's alleged misconduct and behaviour in front of him. “How can you (the lawyer) talk about all this in front of him. It will have a bad impact on him. If we do not take special care of such children, then the time is not far when we too would face situations like in the western countries where youths go around firing in schools and colleges,” it observed. According to the petition, the boy took admission in class I in the school in 2009 and till class VII, there was no complaint against him either from the school, teachers or students.

Last year, the boy was allegedly beaten up in the school by some of his classmates against which, the boy's mother had filed a complaint with the school management, but no action was taken. In May this year, the school sought to rusticate him on the ground of alleged misbehaviour and claimed that he was suffering from ADHD. The school claimed that it did not have the infrastructure to take care of such students and sought him to be admitted to a special school.

PTI