JUDGMENT & ORDER :

N. Kotiswar Singh, J.

Heard Ms. A. Gayan, learned Central Government Counsel appearing for the appellants. Also heard Mr. A.K. Baruah, learned counsel appearing for the respondents in Writ Appeal No.11/2023 and Writ Appeal No.394/2022.

2. These three writ appeals have been preferred by the Union of India against the common judgment & order dated 08.12.2022 passed by the learned Single Judge in WP(C) No.6696/2022; WP(C) No.6695/2022 and WP(C) No.6698/2022.

3. As these appeals arise from the common judgment & order, they have been tagged, heard and disposed of together by this common judgment & order. The respondents No.2 in all the writ appeals are the minor students of Sainik School, Goalpara, who are represented by their parents, i.e. respondent No.1 in these appeals.

4. Brief facts for deciding the present appeals are that on certain alleged ground of misconduct, disciplinary actions were initiated against all the respondent No.2, i.e. the students (writ petitioner No.2 in all the writ petitions), by the school authorities for which they were placed under suspension and the enquiry was initiated against them. However, after they were placed under suspension before conclusion of the enquiry, Transfer Certificates were issued to them which have been challenged in three different writ petitions on the ground that the said Transfer Certificates were issued in violation of the principles of natural justice and also against the wishes of the guardians.

5. It was specifically pleaded by the writ petitioners (respondents herein) before the learned Single Judge that on certain alleged misconducts and the acts of indiscipline committed by these three students alongwith two others, they were compelled to write self incriminating statements against themselves and were suspended from the school and their parents were called to the school to take their ward to the Children Home till the School Disciplinary Committee looks into the matter.

6. It was alleged by the petitioners that before the petitioners were suspended, no show cause notice was issued and no opportunity was given to them to explain their stand before the School Disciplinary Committee. It was also the specific case of the students that their parents were forced to apply for Transfer Certificates with the threat that if they do not do so, they will issue Transfer Certificates with certain remarks which would create difficulties for them to continue their further studies in other institutions. Faced with such a situation, the parents were compelled to apply for the Transfer Certificates and accordingly the Transfer Certificates were issued. It has also been alleged by the petitioners that the school authorities did not inform them under what charges they had been proceeded.

7. The stand of the school authorities was that the petitioners did not challenge the order of suspension which preceded issuance of the Transfer Certificates and further, the Transfer Certificates were issued to the students on the applications being made by their parents. It was also contended that enquiry was conducted against the students and actions were taken against them. However, the parents of the petitioners themselves had in the meantime applied for the Transfer Certificates which were issued to them without any adverse remarks. It has been submitted that the school authorities were within their right and authority to proceed against any student for the act of indiscipline and take necessary actions.

8. The learned Single Judge after hearing the parties took the view that after certain incident of misconduct and acts of indiscipline on the part of the students, they were suspended from the school and subsequently they were given the Transfer Certificates. The learned Single Judge also accepted the plea that the students were compelled to write certain self incriminating statements against themselves and their parents were summoned which was followed by their suspension. Later on, they w