[Cites 3, Cited by 0]
Madhya Pradesh High Court
Ankit Gurjar vs The State Of Madhya Pradesh on 23 February, 2026
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2026:MPHC-JBP:15533
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 23rd OF FEBRUARY, 2026
WRIT PETITION No. 4564 of 2026
ANKIT GURJAR AND ANOTHER
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ashutosh Dharpure - Advocate for the petitioners.
Shri Yagyavalkya Shukla - Panel Lawyer for the respondents/State.
Shri Pankaj Dubey - Advocate for respondents No.3 and 4.
ORDER
This petition under Article 226 of Constitution of India has been filed
seeking following reliefs:-
7.1 Issue an appropriate writ, order, or direction
directing the Respondents to forthwith permit the
Petitioners to rejoin and continue their studies at
Jawahar Navodaya Vidyalaya, Ratibad, Bhopal, without
loss of academic year or adverse consequences;
7.2 Issue an appropriate writ of mandamus directing the
Respondent authorities to consider and decide the
Petitioners' representation (Annexure P/3) by passing a
reasoned and speaking order within a fixed time frame;
7.3 Pass such other and further orders as this Hon'ble
Court may deem fit and proper in the interest of justice.
2 . It is the case of the petitioners that they are the minor students
studying in Class X at Jawahar Navodaya Vidyalaya, Ratibad, Bhopal. It is
their case that on 12.12.2025 at about 11:00 PM, they were brutally beaten
by one Shri Brijendra Patel. He also hurled abusive and filthy language at
them causing physical injuries, mental trauma, and humiliation. Due to
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continuous fear of further physical abuse, humiliation and intimidation,
petitioners were forced to run away from the School premises and remained
on the streets for approximately 6-7 days without food, water, shelter or
basic necessities sleeping on footpaths without any quilt or blanket, thereby
exposing them to grave danger and extreme suffering. The school Authorities
deliberately concealed the material facts of the incident and failed to inform
the parents of the petitioners. When parents came to know about the missing
children, FIR regarding their disappearance was lodged. When no effective
action was taken by the police, parents of the petitioners submitted a
representation to the Collector. Subsequently, due to continued efforts of the
parents, petitioners were traced and recovered from District Ujjain and
thereafter sent to their respective homes. After recovery of the petitioners,
parents submitted detailed representations to the Collector and respondent
No.2, narrating the entire incident, including the acts of physical assault,
threats, intimidation, and the refusal of the School Authorities to allow the
petitioners to resume their studies, with a prayer for strict action against the
responsible Teachers and officials. Despite such representations, till date the
petitioners have neither been permitted to rejoin the School nor has any
effective disciplinary or legal action been taken against the erring officials
thereby depriving the petitioners from their Right to Education. The School
is adamant for spoiling the academic future of the children if the complaint
was not withdrawn. Therefore, this petition has been filed.
3. It is argued that the petitioners are the minor students and if they are
not permitted to rejoin and continue their studies in the School, then their
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academic career will be affected having adverse consequences. Therefore, he
has prayed for grant of aforementioned reliefs.
4 . Per contra, learned counsel appearing for respondents No.3 and 4
has filed the reply denying the petition averments. It is submitted that
petitioner No.1 Ankit Gurjar earlier also committed misconduct of smoking
as he was caught smoking in the JNV premises by the teacher on 08.12.2024.
He was referred to and counselled by Vidyalaya Counsellor Dr. Yashmita
Anand Srivastava. He was suspended from Vidyalaya for few days and his
parents were intimated and thereafter he was permitted to continue his
studies considering request of his parent. Further, petitioner No.1 has again
committed a grave misconduct of keeping and using mobile phone as he
found to be using Mobile phone in the classroom on 25.11.2025 which is
absolutely banned for students. He was counselled by the Counsellor of the
Vidyalaya. He was again suspended from the Vidyalaya and handed over to
his sister on 25.11.2025. Thereafter, the petitioner was again permitted to
continue his studies considering his apology dated 25.11.2025 and
submission of an affidavit dated 01.12.2025 by the father of petitioner No.1
stating that such type of indiscipline will not be repeated in future. It is
further submitted that petitioner No.2 has also committed misconduct prior to
instant incidence as he was found to be cooking on roof of the Udaygiri
Junior sadan building about at 11.00 pm on 16.11.2025. Such an act of
cooking is absolutely prohibited inside the Vidyalaya premises for the
students as per the guidelines. He managed to reach on roof of aforesaid
building with help of bathroom doors by putting his life in danger. The
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school administration has intimated to the parents of petitioner no.2 about the
said incident and he was permitted to continue studies considering his
apology dated 18.11.2025 and the undertaking submitted by his father. Now
again they were caught smoking during the surprise inspection by Shri
Brajesh Kumar Patel, President of Senior Shivalik Sadan after dinner at about
08.40 p.m. on 12.12.2025. The petitioners were searched out by Shri Brajesh
Kumar Patel and packet of cigarettes was recovered from the possession of
the petitioners. Shri B.K. Patel also clicked a photograph of the petitioners
with seized packet of cigarettes. Further statement/apology of the petitioners
was given by the petitioners to Shri Brajesh Kumar Patel and the incidence
was reported to Incharge Principal, Smt. Yashmita Shrivastava, counsellor of
the Vidyalaya and parents of the petitioners. It is further argued that in order
to maintain safety, security of the students and discipline amongst students,
the Samiti has effected 'Code of conduct for students' to be adhered by all
student to make environment conducive for teaching and learning process.
The relevant para 6.3.5 of Code of conduct states that "No student shall be
allowed to keep any intoxicant, such as pan masala, alcohol or cigarettes,
within the JNV premises". Looking to the aforesaid misconducts of the
petitioners, Transfer Certificates were issued to the petitioners on 09/02/2026
and the same was also communicated to their parents. Placing reliance upon
the judgment passed by the Division Bench of this Court in the case of
Prashant Dixit Vs. CBSE, New Delhi & Ors (W.P. No.2040/2015) as well as
order passed by Co-ordinate Bench of this Court in the case of Jitendra Singh
Vs. State of M.P. & Ors (W.P. No.22258/2025), learned counsel for
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respondents No.3 and 4 prays for dismissal of the Writ Petition.
5. Heard learned counsel for the parties and perused the record.
6. In compliance of order dated 20/02/2026, parents of the petitioners
namely Shri Sarjan Singh and Shri Karan Singh are present before this Court.
They submits that their children are minor. They must have committed
mistakes in the School but looking to the career of the students as they are
bright students, the Court may take a lenient view in the matter. They will
withdraw their wards from the School after examinations are over and will
admit them in some other School but the observations made in their Transfer
Certificates (TCs) will be going against the academic career of the students,
as the word 'indisciplined' is mentioned as the reason for issuance of TCs.
7 . Learned counsel appearing for the respondents School has
supported the impugned action taken by them and contended that they are
required to assign reasons for granting TCs to the students of the School,
therefore the word 'indisciplined' has been mentioned. He further contends
that if the parents of the petitioners give an undertaking that they will
withdraw their wards from the School, the matter can be taken up for
reconsideration for permitting the students to appear in the examination.
Once the results are declared, petitioners should be withdrawn from the
School by their parents on their own by submitting appropriate application
for seeking Transfer Certificates from the School. If such an undertaking is
given by the parents, then they will permit the students to appear in the
upcoming examinations.
8. His statement is taken on record.
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9 . Looking to the overall facts and circumstances of the case and
looking to the academic career of the petitioners, who are minor students, in
the interest of justice, this Court without going into the merits of the matter
deems it appropriate to direct the respondents School to permit the
petitioners to attend their classes as regular students with a further direction
to the Authorities to permit the petitioners to appear in the upcoming
examinations.
1 0 . In view of aforesaid, the Transfer Certificates issued to the
petitioners are hereby quashed. The said permission granted by this Court
will be subject to undertaking furnished by the parents of the petitioners that
the petitioners will not carry out any indisciplined activities in the School
and they will also withdraw their children from the School after the
examinations are over and results are declared and will take TCs
themselves. The undertaking be furnished by the parents of the petitioners
within a period of 7 days from today.
9. With aforesaid observations, the petition is finally disposed of.
(VISHAL MISHRA)
JUDGE
Shbhnkr
