Master Rahul Seth (Minor) Throu. ... vs Mount Carmel School & Anr.
2009 Latest Caselaw 3711 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+                  LPA No.455/2009
                          Date of Decision :     11th September, 2009

MASTER RAHUL SETH (MINOR)
THRU. FATHER                                   .....Appellant

      Through        Mr. Ashok Aggarwal, Ms. Kusum Sharma, Advs.



            Versus



MOUNT CARMEL SCHOOL & ANR.                          .....Respondents

      Through      Mr. A. K. Sakhuja, Mr. Puneet Saini, Advs.
                   for the respondent no.1
                   Mr. N. Waziri, Adv. for GNCTD.

CORAM:

HON'BLE MR. JUSTICE MUKUL MUDGAL

HON'BLE MS. JUSTICE REVA KHETRAPAL



1.    Whether the Reporters of local papers

      may be allowed to see the judgment?           Yes

2.    To be referred to the Reporter or not?          Yes

3.    Whether the judgment should be
      reported in the Digest?                             Yes



%                         J U D G M E N T(Oral)




LPA No.455/2009                                                         Page 1
 MUKUL MUDGAL,J.

CM 12869/2009(exemption)

Allowed, subject to all just exceptions. The application stands

disposed of.

LPA No.455/2009 & CM 12868/2009(directions)

1. With the consent of the learned counsel for the parties, this LPA is

taken up for hearing.

2. This LPA challenges the judgment dated 31st August 2009, by which

the learned Single Judge declined to interfere with the suspension order of

Rahul Seth at the behest of the appellant Rajiv Seth, who is the father of the

said 13 year old child, studying in the respondent no.1 school, i.e., Mount

Carmel School. The misdemeanour averred against the said child, Rahul

Seth relates to the misplacement of the belt of the child in his school

uniform, which resulted in the school seeking an open apology from his

parents, which was not tendered by them. The learned Single Judge noted

that even before the learned Single Judge the father of the child expressed

no regret or remorse in respect of grievance raised by the respondent

school.

3. We are happy to note that before us the learned counsel for the

appellant as well as the respondent no.1 have shown a positive attitude both

for the benefit of the student's career and for retaining the good name of

the respondent school. An agreement has been reached to tender the

LPA No.455/2009 Page 2 apology sought by the school from the parents of the child, with a slight

modification by this Court. Though we are of the view that such disputes

are best sorted out in the school itself and should not travel to courts of law,

as in such a situation the atmosphere of the school gets vitiated and injury

is also likely to be caused to the tender psyche of the child, we are not

oblivious to the fact that a situation may arise where the Court's

intervention may be called for and may be beneficial for both the school

and the student. Occasionally, the school may act more sternly than

necessary as is averred in the present case or conversely an obdurate parent

may not toe the disciplinary line of the school. In either eventuality, we

cannot help but observe that a disciplinary matter relating to a school ought

not to be publicized, particularly through the media. We say so as this in

our opinion is absolutely necessary to ensure that the future of a child who

may have committed a mistake, is not affected in the controversy which is

bound to ensue, more so if the child as in the instant case is at the crucial

stage of his formative years in the school. The repute of the school and its

other students also in our view may not be able to take the strain of adverse

publicity.

4. We have made a slight correction in the apology in writing handed

over to us by the learned counsel for the appellant and thereafter the said

apology has been signed by the child's mother Smt. Rashmi Seth. The said

apology signed by the child's mother has been handed over in Court to the

LPA No.455/2009 Page 3 learned counsel for the respondent no.1 school and as the child's father is

stated to be in Mumbai it will be counter signed by the child's father Shri

Rajiv Seth as soon as he is back from his business trip to Mumbai.

5. The child shall accordingly start attending the school from 14th

September, 2009. We are happy to note that this episode has ended

amicably and we hope and trust that both the parties will start afresh, with a

clean slate, and forgive and forget this regrettable episode, without

nurturing any rancour or ill-feeling. Since it has been stated by the learned

counsel for the respondent school that this matter has attracted the attention

of the media (in our view needlessly so) to the detriment of the reputation

of the school, and since the incident has already been publicized, it will be

open to the respondent school to bring to the notice of the media the fact

that the matter has been resolved to the mutual satisfaction of both the

parties through an apology tendered in Court by one party which has been

graciously accepted by the other in the better interests of the future of the

child and the school.

6. With the above directions and observations, the appeal stands

disposed of along with the pending application.

                                              MUKUL MUDGAL,J



                                              REVA KHETRAPAL, J
SEPTEMBER 11, 2009/dr


LPA No.455/2009                                                         Page 4