Educational institutions must comply with court orders regarding students' rights to education, and failure to do so may result in contempt proceedings.

ORDER :

(Prasanna B. Varale, CJ.)

This Complaint of Contempt alleges wilful disobedience of a learned Single Judge's interim order dated 5.12.2023 made in the complainant's pending W.P.No.27082/2023 and its operative portion has the following text:

"The respondents are insisting the petitioner to pay fine failing which the respondents will not allow the daughter to attend the classes.

There shall be stay the operation of Annexure-F and further, respondent No.8 - school is directed to permit the daughter of the petitioner Ms. Rituparna Rao to attend the school/classes, who is studying in IX standard at respondent No.8-school, till the next date of hearing."

2. The complainant had immediately conveyed the subject order to the school authorities by sending a slew of emails as is prima facie evidenced by Annexures-J & K to the complaint. However, there was not only no response but the ward Ms.Rituparna, a student of 9th std was not permitted to attend the classes, for several days. Learned counsel for the complainant submits that the complainant & his wife declined to give any undertaking which the school was insisting upon as a pre-condition for admitting the ward to the class in terms of court order. We find force in this submission since that version remains uncontroverted in the subject affidavit. A bald statement at para 2 of the affidavit that the Court order dated 05.12.2023 in W.P No.27082/2023 has been fully complied with is only partially true. Speaking on the verge of truth is a sin.

3. This matter was heard at length on 3.2.2023 and learned Senior Advocate one Mr. S.Basavaraj had represented the respondent-school. On his request, matter was adjourned to this day since he desired to file the affidavit/objections. Today "Compliance Affidavit" sworn to by the Principal - Mr. George Kutti Joseph has been filed in the open court after serving a copy thereof on the counsel representing the complainant.

4. Having perused the affidavit in the light of pleadings, we apprised the learned Sr. Advocate Smt. Jayna Kothari now appearing for the School as to what had transpired a day before in the Court, when Mr. S.Basavaraj, learned Sr. Counsel had made certain submissions. We specifically mentioned to her that Mr. Basavaraj had stated about the School intending to offer an unconditional apology, then not insisting upon any undertaking from the side of parents, then not forcing the parents/wards dissociating from Whatsapp Groups and lastly, of taking compensatory classes to 50 plus students who were not allowed to attend classes for no fault attributable to them. Mrs. Jayana Kothari appearing for the said school drew our attention again to the contents of the affidavit and submitted that the order in question has been duly complied with. We are not inclined to accept this version.

5. The reasons for not accepting the assertion made on behalf of the Respondent - School are not far to seek: The interim order granted by the learned Single Judge in the pending writ petition on 05.12.2023 keeping in view the difficulty of students who are kept away from classes. The order specifically injuncted the School to permit Complainant's ward to attend the classes forthwith. It was not a thing to be done leisurely at the whimsical will of the School authorities, attending classes being as important as can be, for any student. Para 3 of the affidavit again speaks only a half truth in saying that the School had received copy of the Court order only on 14.12.2023 when they were informed of the order by a series of emails. Copies of these emails are produced by the Complainant as Annexures J & K; significantly, they are not disputed by the School in the affidavit or at the Bar. In the academically competitive days like these, the parents in general and mothers in particular, undergo a lot of tension, agony & anxiety when their wards are kept away from the classroom. Agony happens even to the students, needs no substantiation. No plausible explanation is