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This is an archive article published on March 7, 2012

Expelled student allowed to sit in class XII exam by HC

Mohd Mobashshir Sarwar was accused by the Jamia Senior Secondary School of breaching discipline and misbehaving with school staff including its director and principal.

A 19-year-old student,expelled from school for his alleged “misdemeanour”,has been allowed by the Delhi High Court to sit for his ongoing class XII exam with the court quashing his expulsion and lifting the ban on him from entering the school campus.

Mohd Mobashshir Sarwar was accused by the Jamia Senior Secondary School of breaching discipline and misbehaving with school staff including its director and principal,who was once called up at his behest that a student in the hostel was going to commit suicide.

Saying that there were numerous complaints against him over the years since he joined it in class VI,the school had expelled Sarwar on December 20,2010 when he was in class XI.

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Sarwar,a resident of Madhepura in Bihar,had earlier moved the high court,which gave him the interim relief of appearing in the supplementary examination for class XI,which he cleared in March 2011. He was also allowed to attend his 12th standard classes.

As per the submission made by the school counsel,he also used to trouble the school through RTI pleas for various information about school management and hostel facilities.

In his petition,he had contended the he was shown the doors without a show-cause notice and the school unilaterally decided to debar him from sitting in class XII exam.

Justice Hima Kohli gave relief to Sarwar,saying the “principle of natural justice” was “thrown to the winds” by the school,which did not allow him to have his say.

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“This court is of the opinion that the order cannot be sustained as it does not withstand judicial scrutiny,the same having been passed without following the principles of natural justice.

“Given the facts and circumstances of the case and having regard to the grave allegations levelled against Sarwar,it was all the more incumbent upon the school to have acted judiciously by affording a reasonable opportunity of hearing him against the action proposed to be taken…,” she said.

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