The Bombay High Court today observed that there is no stigma attached to the 13- year- old student of Vibgyor school in Goregaon who was expelled and later admitted to another school.
The division bench of Chief Justice Mohit Shah and Justice S C Dharmadhikari were hearing a review petition filed by Adhishree Gopalkrishnan and was argued in person by her mother. In July 2010, HC dismissed her petition after holding that continuing in the same school would be `` more traumatic'' for her.
Avisha argued before the court that Adhishree has to travel a total "60 kms daily" from Goregaon to Chembur to her new school and is passing through a traumatic experience with anxiety attacks as she has been labelled as a rejected student.
She urged the court to direct the school to admit Adhishree. Today she urged the court to set aside the expulsion order, term it "illegal" and "remove the stigma permanently from her life." She added, "Her mid- term exams are on. She is anxiously waiting to know what is going to happen to her future." The school's lawyer Janak Dwarakadas told the court that Adhishree was admitted to the new school in July 2010 even as the court was seized of the matter. He claimed that she is currently residing at a place some 15 minutes from the new school. Avisha riposted that while she did take the admission for her daughter in July, the claim of staying in Chembur was baseless. "Her mid-term exams are on. She is anxiously waiting to know what is going to happen to her future." The judges said they cannot pass an order revoking the expulsion and these cases needed to be over and done with. "This is now a closed chapter," said Justice Shah. The judges clarified that their July 7, 2010 order did not give any adverse finding about the girl so as to create a stigma. They said mere stigma cannot be a ground for review.
Before she commenced her arguments, Avisha requested Chief Justice Shah to ask his fellow- judge on the bench, Justice Dharmadhikari to recuse himself from the case. She said the judge's father, a retired HC judge, Justice C S Dharmadhikari is closely associated with the Forum for Private Unaided schools. Rustom Kerawala, trustee of Vibgyor High School, is also part of the same forum.
The Forum recently filed a petition in court against the state government's new resolution which aims at capping school fees. "This is a direct conflict of interest," she added.
Vibgyor refused admission to Adhishree in the current academic year. The school's lawyers earlier argued that the girl was not at fault but her mother's behaviour in the past three years had vitiated the atmosphere in the school. Avisha is spearheading the case pending in HC over the school's fee hike in 2007.
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