Gujarat High Court Directs School to Cooperate with Inquiry into Student Assault Incident
Inquiry to Determine Negligence; Punitive Measures Deferred Until Completion
News Report:
In a significant judgment, the Gujarat High Court has directed the Seventh Day Adventist Higher Secondary School to fully cooperate with the inquiry initiated by the District Education Officer following a tragic incident of student assault that led to a death. The inquiry aims to assess the school's compliance with statutory obligations and investigate any potential negligence related to the unfortunate event.
The case was brought before the High Court after the school challenged actions taken by the State, including show cause notices and communications regarding the revocation of its No Objection Certificate (NOC). The incident, which occurred on August 19, 2025, involved a student allegedly assaulted by another student with a sharp-edged weapon outside the school premises. The State raised concerns about the school's non-cooperation and potential negligence at the time of the incident.
The petitioner school, represented by Senior Advocate Mr. Prakash Jani and his team, argued that the incident was a law and order issue beyond the school's control. Conversely, the State, represented by Mr. Gurusharansingh Virk and his team, emphasized the necessity of inquiry to prevent future occurrences and determine if school authorities were negligent.
Justice Nikhil S. Kariel, presiding over the case, acknowledged the gravity of the situation and underscored the importance of the school's cooperation in the inquiry process. The court noted that punitive measures, including the potential revocation of the school's NOC, would be considered only after the inquiry's completion and after providing the school with adequate opportunities to present its case.
The court's directive aims to ensure a thorough investigation and appropriate remedial measures to prevent similar incidents. Legal avenues remain open for the school to challenge any punitive actions post-inquiry.
The High Court has scheduled further discussions regarding the reopening of the school for September 16, 2025, hoping for constructive steps from the State to safeguard students and improve response mechanisms to such incidents.
Bottom Line:
School management to cooperate with inquiry into unfortunate incident involving student assault, while punitive steps like revocation of NOC to be considered only after inquiry completion and providing adequate opportunity to the school.
Statutory provision(s): Bombay Primary Education Act, 1947, Right of Children to Free and Compulsory Education Act, 2009, Gujarat RTE Rules, 2012, School Safety Policy, Indian School Certification Examination Affiliation Rules
