IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6220 of 2009 CHITRANJAN KUMAR & ANR . Versus THE STATE OF BIHAR & ORS . ----------- 11. 17.2.2010 Heard learned counsel for the petitioners and the State. The petitioners are the guardians of the two minor children, Shivanjali and Kushboo Kumari both aged about 12 years, students of Class-VI Section-B of the Notre Dame Academy (hereinafter referred to as the School). They are alleged to have played truant on a single occasion during the annual day function of the school by allegedly going for a jaunt into town. The school has not expelled them but requested their parents to withdraw their wards and take a transfer certificate. The writ petition was then filed when the children were not allowed to attend classes. Those whose nature of truancy may be different and more serious and who have voluntarily withdrawn from the school and have not questioned the acts of the school form a class by themselves. The two cannot be put at par. The records of the proceedings reveal that by consent of the parties, the matter was entrusted for 2 enquiry to the C.B.S.E. authorities. The enquiry report of the C.B.S.E. dated 6.9.2009 opines that the punishment was excessive and harsh. On 4.2.2010 a supplementary counter affidavit has been filed on behalf of the school, Paragraph-3 of which reads as follows:- “3. That it is stated that if any parent or guardian of a student of the school is aggrieved by any direction or order of the principal he/she may submit a representation to the management for reconsideration of the decision or order.” When the school itself has expressed willingness for reconsideration of its decision, there is no occasion for this Court to adjudicate the matter much less go into the legal issues of a minority institution and its rights/obligations etc. which remains open for consideration in an appropriate case as and when the occasion may arise. The two minor children have already remained out of class for nearly one year. This Court, therefore, expects that such reconsideration in the aforesaid background shall be done by the school within a maximum period of one month from the date of receipt/production of a copy of this order. While disposing the application in the aforesaid terms, when the merit or trustworthiness of 3 the allegations and counter allegations are not being considered, this Court would only expect that a temple of learning shall adequately keep in mind the observations of the Supreme Court of the tender minds involved in (2003) 1 SCC 687. More particularly, as a matter of caution, this Court considers it proper to likewise incorporate in the present order, the observations contained in Paragraph 10 of the aforesaid judgment in so far as the school in question is concerned. The writ application stands disposed. P. Kumar (Navin Sinha, J.)