HC balances discipline, education, gives Gurugram's Class XII boy a second chance

In a compassionate yet firm ruling, the Punjab and Haryana High Court has given a Class XII student from Gurugram a second chance to continue his education, despite repeated incidents of indiscipline. The court’s decision followed an emotional virtual interaction where the boy, sitting beside his mother, assured Justice Kuldeep Tiwari that he would “mend his ways” and not repeat his past misconduct.

“During the interaction, the petitioner/minor child has assured this Court, that he will mend his ways, and he will not repeat such misconduct, in future,” Justice Tiwari asserted after interacting with the son-mother duo.

The Bench also made it clear that the conditions mentioned by the school to allow the minor join the classes, including no further instance of bullying, aggression, harassment, indiscipline, or violation of the school code, were rational and acceptable.

The case

The student, represented by counsel Viren Sibal, had challenged three show-cause notices issued by his school in Gurugram on July 31, August 6 and August 21, citing alleged consistent unruly behaviour. Sibal told the Court he would not join issue on the merits and that “his concern is only the future of the child… there shall be no repetition of the misbehaviour or misconduct, on the part of the petitioner/minor.”

The counsel for the school and the other respondents, on the other hand, maintained that their concern was “maintaining discipline in school, and the welfare of the fellow students,” while stressing that repeated incidents of violence and misbehaviour had left them with no choice but to act.

The conditions

Sensing the gravity of the situation, Justice Tiwari asked the boy and his mother to appear virtually in the post-lunch session. Agreeing to take him back, the school laid down strict terms, which the Court incorporated into its ruling. These included undertaking against repetition of misconduct and understanding of consequences that “any future act of serious misconduct shall lead to strict disciplinary action, including immediate expulsion, without any further show cause or leniency”.

The conditions also included adherence to all school rules and policies, and further undertaking to “respect all staff, students, and authority.” The school made it clear that the student would also be placed on “strict probation for the rest of the academic year,” and attend mandatory counselling sessions. He was also asked to submit a written apology addressed to the principal, the school staff, and the student community, acknowledging “his past misconduct, the hurt caused to the victim, and his commitment to change.”

The outcome

The Court declined to accept additional restrictions sought by the school, such as limited participation in activities and denial of any assurance on character certificates or recommendation letters. Allowing the petition subject to the enumerated terms, Justice Tiwari allowed the student to join the school, subject to the conditions approved by the court.

Why the verdict matters

The ruling is significant as it reaffirms the High Court’s parens patriae jurisdiction, where it acts as guardian of minors to balance discipline with education. The judgment also makes it clear that corrective measures, coupled with judicial oversight, can safeguard both institutional discipline and a child’s right to education, at a time when schools resort to expulsion for indiscipline.