The reformatory measures taken by the authorities in the best interests of the students justified the decision to shift the students to different schools.

JUDGMENT :

Mohammad Yaqoob Mir, J.

1. Communications dated 20.09.2016 and 22.11.2016 are sought to be quashed. In terms of communication dated 20.09.2016, issued by respondent No.5 (Principal), Transfer Certificate has been issued on the basis of report of the Enquiry Committee, in pursuance of the Assistant Commissioner, NVS, R.O. Shillong's letter No.59/WGH-NVS (SHR)/Acad dated 05.09.2016, approved by the VMC, Chairman, Deputy Commissioner, Ampati.

2. Jawahar Navodaya Vidyalaya (for short JNV) is a residential set up and co-educational institution run by Navodaya Vidyalaya Samiti, an autonomous body under the Ministry of Human Resources Development (for short HRD), Department of Education & Literacy, Union of India. Same is affiliated with Central Board of Education, New Delhi, for classes VI to XII standard. The Chairman of the Samiti is the Minister of HRD. Samiti functions through an Executive Committee under the Chairmanship of the Minister of HRD, which is responsible for management of all affairs of the school.

3. The children of the petitioners belonging to the backward tribe were admitted in JNV situated at Kendrakona, Mahendraganj, South West Garo Hills District.

4. On the mid-nights of 06.08.2016 and 09.08.2016 between 12.30 a.m. to 3.00 a.m. and 2.00 a.m. to 4.00 a.m., students, namely, Mst. Purukhit Hajong (Class X), Mst. Sushanto Dalu (Class XII), Mst. Arish Walter (Class IX), Mst. Matrict Sangma (Class DC) and Mst. Benjamin (Class IX) had secretly entered into the girls dormitory through the back side used to be kept open on the request of female students as they used to dry clothes in the back side of the dormitory.

5. House Mistresses, namely, Smt. Deepa Rani Mishra, TGT (Hindi) and Ms. Varsha Anand (PET) noticed unwanted activities of the above named students. The Principal of JNV was on official duty at Gauhati. Vice Principal, on receipt of the complaint, instructed the staff to be alert, held a meeting with all the House Masters and House Mistresses, it was decided to form an Enquiry Committee to investigate the matter in the light of the complaint as had been received, forming Annexure I to the counter affidavit. On enquiry, it was found that two girls and two boys, named in the report, had spent more than one hour in the bathroom, which fact was admitted by the two girls who have given a written statement. One out of two girls also mentioned that three other students named in the report had also come inside the dormitory and had started to look at the girls while they were asleep. Two boys named in the report, who had spent more than one hour in the bathroom, had absconded. As against them, FIR has been lodged in the Mahendraganj Police Station. The Committee report also suggests that they had taken statements of fifty-eight (58) girls, who had named five boys whose guardians are the petitioners, to have entered the girls' dormitory at night. It has also been mentioned that the two boys, namely, Mst. Purukhit Hajong and Mst. Arish Walter had threatened them of dire consequences.

6. Vidyalaya administration took a unanimous decision to issue Transfer Certificate to the involved five boys and two girls so as to save the reputation of the Vidyalaya and to ensure safety of the other girls in the school. The said decision was approved by the Chairman (Deputy Commissioner, Ampati). As a result whereof, communication impugned dated 20.09.2016 issued by the Principal regarding issue of Transfer Certificate was sent to the fathers/guardians of seven students.

7. The fathers/guardians of the seven students represented before the Additional Deputy Commissioner that in case their wards are permitted Transfer Certificates on the basis of the enquiry report of the Enquiry Committee approved by the VMC, Chairman, their future will be marred. Finally, vide communication dated 22.11.2016, the said seven students were shifte