After principal’s assault and school vandalism, Patna High Court upholds transfer of 12 students but replaces damage recovery with ₹5,000 payment each to school fund

The petitioners, students of Classes IX and XI at Jawahar Navodaya Vidyalaya, Karmalihata, Siwan, challenged orders directing recovery of assessed property damage and issuance of transfer certificates.

The orders followed a February 2026 incident involving alleged violence against the Principal and damage to school property; an FIR was registered against 41 students, and the school apportioned the assessed loss of ₹15,13,109 among them.

The petitioners disputed their involvement and argued that they had not received a fair hearing. The school relied on an enquiry, CCTV and video material, and opportunities said to have been given to the students and their parents.

1. Whether the decision to issue transfer certificates to the petitioners was unlawful or otherwise warranted interference under Article 226.

2. Whether the school could recover the apportioned share of the assessed property damage from the students or their parents without a legally sustainable determination of individual liability.

The Court applied the principles of natural justice and fairness to student-discipline decisions: students must be informed of the allegations and given a reasonable opportunity to respond, with procedural safeguards proportionate to the allegations and proposed consequences.

It recognised judicial restraint in the internal disciplinary administration of educational institutions, subject to review for arbitrariness, procedural unfairness, mala fides or other legal infirmity.

Discipline must serve correction, prevention and the preservation of a learning environment, while taking account of students’ age and circumstances; serious misconduct may warrant removal where lawful and fair.

The Court referred to Maharashtra State Board of Secondary and Higher Secondary Education v. K.S. Gandhi, (1991) 2 SCC 716, on education’s role in intellectual and personal development.

The Court referred to Headmaster, Polikav High School v. Murali A., 1994 SCC OnLine Ker 73, on institutional discipline subject to fair procedure.

The Court referred to Javid Ahmed Shah v. Principal, Dr. B.R. Ambedkar Medical College, 1996 SCC OnLine Kar 87, on review of arbitrary or disproportionate disciplinary action.

The Court referred to P. Senthil v. Principal, SIVET College, 2003 SCC OnLine Mad 106, on protecting the academic environment through lawful institutional discipline.

Separately, recovery of institutional loss required a valid legal basis and a fair determination of individual responsibility and liability.

The Court considered the alleged assault, vandalism and resulting disruption grave, and noted that the school relied on an enquiry and documentary material, including CCTV and video recordings, to identify the students.

It also found that the record indicated that students and parents had opportunities to explain their position; in light of the seriousness of the allegations and the procedure stated to have been followed, it found no sufficient basis to hold that the transfer-certificate decision breached natural justice.

The Court therefore declined to interfere with the certificates, while emphasising that the apportioned recovery could not be sustained merely by dividing the total assessed loss among 41 students without establishing each student’s legal liability.

It modified the recovery direction: the apportioned recovery of the assessed damage was not sustained, but, as an equitable measure, each petitioner’s parents were directed to deposit ₹5,000 in the school welfare fund when accepting the transfer certificate; this was expressly not an affirmation of the original assessment or apportionment.

The District Magistrate was directed to examine whether the petitioners could be accommodated at a nearby Jawahar Navodaya Vidyalaya, subject to applicable rules and seat availability, and to take lawful steps to minimise disruption to their education.

The petition was disposed of with that modification and without an order as to costs.