S.B.Civil Writ Petition No.3033/2008 Mithun Singh Sherwal & Anr. Vs. State of Raj. & Ors. Date of order : 22.01.2009 HON'BLE MR.JUSTICE PREM SHANKAR ASOPA Mr. Rajendra Sharma for petitioners. Mr. Prahlad Singh for respondents. Heard counsel for the parties. By this writ petition, the petitioners have prayed that the action of the respondents of sending back their admission cards to appear in the Secondary School Examinations and striking off the names from school register be declared bad in law and the respondents be further to allow the petitioners to appear in the examination and declared their results. Vide the interim order dated 26th of March 2008, the petitioners were allowed to appear in the Secondary School Examinations which were held from 27.03.2008 but their result have not been declared as per the said order of the Court. In reply, the respondents have taken the ground of indiscipline of chewing tobacco and on giving warning then the petitioners misbehaved with the teacher. They have further taken the ground of attendance of less than 75% and, therefore, the petitioners were rusticated from the school on 31.01.2008. Counsel for the respondents submits that the petitioners were having less than 75% attendance which is even not within the condemnable limit. I have considered the aforesaid submissions and is of the view that since the misconduct on the part of the petitioners is not of a serious nature and the punishment imposed of striking off the name vide order dated 31.01.2008 is highly disproportionate to the misdemeanour as alleged by the respondents, therefore, the order of striking out of the name of the petitioners dated 31.01.2008 is declared bad in law. However, as regards the shortage of attendance of 75% even below the condemnable limit, the Board should consider the case of the petitioners sympathetically and pass appropriate order and declared the result of the petitioners within a period of one month. The writ petition is disposed of accordingly. (PREM SHANKAR ASOPA),J. Gandhi 6