JUDGMENT M. Katju and Rakesh Tiwari, JJ.
1. Learned standing counsel may file counter-affidavit within a month.
2. Issue notice to respondent Nos. 4 and 5 returnable at an early date.
3. The petitioner is the Principal of Mariampur Senior Secondary School in Kanpur which is a convent school. It is well-known that the convent schools are giving perhaps the best education to the children of the country. The fathers and sisters of these schools lead a life of sacrifice denying to themselves family life, and money and doing great service to the people of this country by making perhaps the best education available to many children of the country. Without giving good education of high educational standard, no country can progress.
4. Every one, including those who openly criticise English, know that these are the best schools available and hence even those who are outwardly criticizing English and the English Medium Schools, try to get admission of their children in these schools although they shout that English should be abolished.
5. Sisters and fathers of these schools live a life of sacrifice and give the best education to the boys and girls. Since these schools provide the best education, obviously there is great rush for admission in these schools. Naturally, it is not possible to admit every student in the subject of his/her choice. Consequently, many of the applications have to be rejected.
6. It is stated that Km. Parul Singh had been admitted in Art Section of Class XI but she wanted admission in Science or Commerce. She was not admitted in Science or Commerce because she failed in more than two subjects in Class X as stated in paragraph 11 of the petition. However, it appears that the father of Km, Parul Singh wanted to pressurise the petitioner for giving admission to her in Science or Commerce. It appears that he approached Sri O. N. Singh, A.D.M. City, Kanpur Nagar and Sri O. N. Singh marked it to Sri Satish Kumar Dube, Additional City Magistrate VII, Kanpur Nagar respondent No. 4 within 24 hours. Sri S. K. Dube then sent a notice dated 8.4.2002 in which it was alleged that the petitioner harassed Harijans and poor people and those who do not pay money and admit the students by taking arbitrary fees.
7. We are prima facie of the opinion that these are only false pretexts for pressurising the petitioner to get admission of Km. Parul Singh in Science or Commerce, Such pressures on the Principals of Convent and other English Medium Schools invariably come when the admission season starts. They suddenly start receiving notices from the Income-Tax Officials or Municipality or other authorities to pressurize the Principal to get admission of some child. The same seems to have taken place in this case also. Even the complaint does not disclose any harassment under the S.C./S.T. Act nor any illegality committed by the Principal regarding Km. Parul Singh. It seems that the total effort was to get Km, Parul Singh admitted in Science or Commerce in Class XI through extraneous pressure.
8. It is deeply shocking that the sisters and fathers of the Convent Schools who live a life of sacrifice and render great service in the field of education are harassed instead of giving them full support. This Court will no longer tolerate this kind of harassment and pressure on these English Medium Schools and all the authorities are directed to take heed of this warning. We stay the operation of the impugned order dated 8.4.2002 and any further proceeding in pursuance thereto till further orders. The respondents are directed to stop the harassment of the petitioner otherwise this Court will take strong action against them.
9. List in the week commencing 8th July, 2002. A copy of this order will be sent by the Registrar General of this Court to the Chief Secretary of the State who in turn will communicate it to all the authorities concerned directing them to stop the harassment of fathers and sisters of Convent Schools immediately.