The petitioner is a minor aged 12 years. He is represented in this writ petition by his mother and guardian. This writ petition is instituted for and on behalf of the minor and the mother has no interest adverse to the interest of the minor”. I was going through a writ appeal contained in a decade old file dug up from the office records in order to settle the issue of an accumulated cash balance of `2600.This amount was there for over a decade in the cash chest and entries were made in the cash book showing the balance as “deposit under court order”.
Perusal of the file revealed startling incidents occurred in the life of an unfortunate 12 year old boy. He was suspended from school on allegations that he committed theft of 300 library books from the school library. The matter came up before the then educational officer who after a preliminary investigation ordered to repeal the suspension of the boy but the head master did not budge. He insisted to have the cost of the books recouped from the boy before revoking suspension. The issue was dragged for a few days without settlement. By then it went out of control of all those primarily involved. It was taken up by outside interests.
The mother of the child who is a widow had applied for the TC to take her only son to a safer institution as the issue became murkier day by day. The school authorities were adamant in their stand and resolved not to issue the TC until the cost of the books is remitted by the parent. Then the issue went up to the high court in the manner of a prayer from the mother of the minor son beseeking to direct the Head Master to issue the TC. This was opposed by the HM insisting that he is the final authority in matters of academic discipline and the court should accept his stand. The judgment was “considering the facts and circumstances of the case we are inclined to permit the petitioner to deposit `2600 with the second respondent, the Educational Officer. On deposit of the same the third respondent,i.e., the HM shall release the TC to the petitioner. The second respondent will hear both the parties and take final decision depending upon which the deposit shall be either paid to the school authorities or returned to the petitioner as the case may be”. The Educational Officer’s decision was totally in favour of the child, directions were issued to the petitioner to receive back the deposit from the office.
Mean while, the boy had opted another school with the TC and shifted residence too. In my eagerness to see light at the end of the tunnel, I have made efforts to trace the child and the mother. But to my shock it was learned that the mother is no more and the child had discontiued his studies after her death. His whereabouts are not known.