New Delhi:
As per the orders of the worthy Home Secretary dated 29/12/2009, an enquiry was conducted by the undersigned into the complaint (X-1) made by Smt.Madhu Prakash w/o Sh.Anand Prakash regarding the expulsion of late Ms.Ruchika Girhotra from Sacred Heart School, Sector 26, Chandigarh. The following questions have been raised in the aforesaid complaint: -
a) Was any warning order issued for not depositing the school fees?
b) Was any penalty imposed for not paying the fees?
c) Were the School Brochure/Instructions issued for compliance by all students followed strictly while removing Late Ms. Ruchika from the school?
d) What has the then school Principal, bursar and the class teacher have to say in this regard?
e) What is the real reason for her expulsion?
In view of the aforementioned complaint, the undersigned took the following steps during the course of the enquiry: -
29.12.2009: The record pertaining to Sacred Heart School, Sector 26, Chandigarh was obtained from the o/o DPI (Schools), Chandigarh. A notice dated 29/12/09 (X-2) was issued to the Principal, Sacred Heart School, Sector 26, Chandigarh asking her to make available the entire record pertaining to the expulsion of late Ms.Ruchika Girhotra from the school and for ensuring the presence of the then school principal, bursar and the then class teacher who taught late Ms.Ruchika Girhotra during the period in which she attended the school. The undersigned visited the school premises in the evening to ensure the availability of the record and contacted the concerned persons/school officials for proceeding with the inquiry. It was informed by Sister Lia that the school is presently closed on account of winter vacations and since the office Record Incharge Sister Sonia is out of station, the record pertaining to the expulsion of late Ms. Ruchika Girhotra would therefore be made available within a day or so. The undersigned was informed that Sister Sebastina, the then school principal who also happens to be the current principal of the school is in Varanasi and efforts were being made to contact her. The undersigned contacted the family of the complainant Smt. Madhu Prakash and Sh. S.C.Girhotra, father of late Ms.Ruchika Girhotra for recording their statements in connection with the inquiry.
30/12/2009: The undersigned sent a questionnaire (X-3) to the school authorities requiring them to answer the same in writing latest by the evening of 31st December, 2009, failing which adverse inference would be drawn against them. The complainant Smt.Madhu Prakash was contacted for recording her statement and the undersigned upon visiting her house was told that she would not be in a position to make her statement on that day. Sh.S.C.Girhotra, father of late Ms.Ruchika Girhotra was also contacted for recording his statement but it was informed that he was away to Delhi. The undersigned also visited the Sacred Heart Convent School, Sector-26, Chandigarh and was informed that the school was trying to locate the record pertaining to the expulsion of late Ms. Ruchika Girhotra which would be made available shortly.
31.12.2009: The undersigned received a call from the school authorities that the record pertaining to the case of late Ms.Ruchika Girhotra had been collected by them and was ready for submission. The undersigned visited the school and was handed over the record comprising of the admission form of late Ms.Ruchika Girhotra dated 12/3/1979, copy of the Fee Control Register of the period when late Ms. Ruchika Girhotra was a student of the school, extract of the school diary mentioning the pupil's code of conduct and the list of students studying in late Ms. Ruchika Girhotra's class (P-1). However the record of other students, similarly placed who had defaulted in the payment of fees was not supplied by the school authorities. It was also informed that the then class teacher of late Ms.Ruchika Girhotra when her name was struck off the rolls and the then school bursar were no longer in service. The school authorities also informed the undersigned that efforts were being made to contact Sister Sebastina, the then Principal of the school for securing her presence for the inquiry. On the same day, the undersigned again contacted Smt.Madhu Prakash, complainant and Sh.S.C.Girhotra and sent a letter to them requesting for a convenient date and time for recording their statements in the inquiry (X-4). The undersigned also sent a memo dt 31/12/2009 to the school authorities asking for ensuring the presence of the then school principal, bursar and requiring them to ensure the presence of the then class teacher of late Ms Ruchika Girhotra for recording their statements on 1/1/2010 (X-5).
1/1/2010: The undersigned recorded the statements of the teachers of Sacred Heart School namely Mrs. R.B.Singh(P-2), Mrs.Tejinder Sondhi (P-3) and Mrs.Prabha Sharma (P-4). The undersigned visited the residence of the complainant, Mrs.Madhu Prakash and recorded her statement (P-5), that of her daughter Ms.Aradhana(friend of late Ms.Ruchika Girhotra (P-6) and Sh.S.C.Girhotra, father of late Ms.Ruchika Girhotra (P-7). A letter was issued to the Principal, Sacred Heart School, Sector 26 Chandigarh for providing documents/information pertaining to the case of late Ms. Ruchika Girhotra (X-6). At the same time, the undersigned deputed officials from the office of D.P.I. (Schools), Chandigarh for checking the fees and attendance record at Sacred Heart School, Sector 26, Chandigarh. The undersigned sent a communication in writing to Sh.Anandan, AGM, Indian Bank, Sector 7, Chandigarh for providing the details of the year since when the school fees of Sacred Heart School was being deposited with the Bank and for supplying the record of students who defaulted in fees payment for more than one quarter (X-7).
2/1/2010: The undersigned recorded the statements of Father Thomas Anchanikal, Vicar General and Spokesman of the Shimla Chandigarh Diocese (P-8). Thereafter the undersigned visited the office of the Indian Bank, Sector 7, Chandigarh and collected the photocopies of fee slips of students who had paid the fees of 2 or 3 quarters in one go (P-9). The undersigned visited the school and recorded the statements of Sister Sebastina (the then school Principal of Sacred Heart School) (P-10), Sister Joselyne (the then Vice Principal of Sacred Heart School) (P-11) and Smt.Charanjit Kaur (the then Hindi teacher in the school) (P-12). The school authorities provided information to the undersigned in response to memo dated 1/1/2010 (P-13). The reply was received from the Indian Bank authorities in response to office memo dated1/1/2010 (P-14).
3/1/2010: The undersigned recorded the statement of Ms.Gitanjali Gayatri, class-mate of late Ms.Ruchika Girhotra (P-15). It was informed by the school authorities that Sister Camilla, the then school bursar of Sacred Heart School is presently staying at St. Anthony's Home for the Aged at Bandra (W), Mumbai and therefore would be unable to depose in person. The school authorities submitted to the undersigned a communication dated 3/1/2010 duly signed by Sister Camilla stating that she is 72 years old and under medical care due to sickness and old age and would therefore be unable to travel (X-8). Pursuant to that, the undersigned contacted Sister Camilla on telephone and asked her a volley of questions pertaining to the case. The audio recording of the conversation as well as the transcript of the audio communication with Sister Camilla is annexed as annexure (P-16). The school authorities vide letter dated 03/01/2010 intimated that the record of the students' fee book for the year 1990-1991, students' school diary for the year 1990-1991and the fee control register for the year 1979 were not available with them (X-9).
4/1/2010: The undersigned recorded the statements of Ms.Swaran Ahluwalia and Smt.Amarjit Toor, ex-teachers of Sacred Heart School (P-17 & P-18 respectively). Efforts were made to trace the whereabouts of the then class teacher of late Ms.Ruchika Girhotra, Ms.Ritu Jain but it was informed by the neighbours of her last known residential address (i.e. house no.640, Sec 8, Panchkula) that she is no longer residing there and her current address is not known. The statement of the former neighbour of Ms.Rita Jain (the then class teacher of late Ms.Ruchika Girhotra) is annexed as annexure (X-10).
In continuation to the communication dated 2/1/2010, Indian Bank authorities sent their reply detailing the fee collection procedure (Annexure P-19).
5/1/2010: The undersigned received the supplementary statement of Sister Sebastina, Principal, Sacred Heart School, Sector 26, Chandigarh vide letter dated 5/1/2010 (P-20)
6/1/2010: The undersigned sent a questionnaire vide memo dated 6/1/2010 to Sh S.P.S Rathore with regard to the expulsion of Late Ms.Ruchika Girhotra from Sacred Heart School(X-11).The reply to the same is annexed as annexure (P-23)
Statement of Mrs.Madhu Prakash w/o Sh.Anand Prakash - Complainant
The statement of the complainant Smt.Madhu Prakash was recorded on 1/1/2010. The undersigned met the complainant at her residence on 1/1/2010 and recorded her statement. It has been stated by Mrs.Madhu Prakash that late Ms.Ruchika Girhotra was a close friend of her daughter Ms.Aradhana and used to visit their house on a daily basis. She has further stated that one evening in the month of August, 1990 late Ms.Ruchika Girhotra told her that the school authorities were not allowing her to attend the school due to the pressure of Sh.S.P.S.Rathore against whom a compliant had been made for molesting late Ms.Ruchika Girhotra. It has been stated by her that late Ms.Ruchika Girhotra was a student of Sacred Heart School from April, 1979 till her expulsion in September, 1990. Smt.Madhu Prakash has stated that Ms.Priyanjali Rathore, the daughter of Sh.S.P.S.Rathore was a class-mate of late Ms.Ruchika Girhotra and that since the incident of molestation was known to everyone, Sh.S.P.S.Rathore pressurized the school principal to expel late Ms.Ruchika Girhotra from the school to save embarrassment to his daughter. It has been stated by Smt.Madhu Prakash that when Sh.S.C.Girhotra father of late Ms.Ruchika Girhotra went to the school to deposit his daughter's fees, he was turned down at the cash counter and told by the Nun present that as per the directions of the Principal, she is not in a position to accept the fees. Sh S.C. Girhotra met the Principal who informed him that Sh.S.P.S.Rathore had pressurized her to expel late Ms.Ruchika Girhotra from her school as her molestation complaint against Sh. S.P.S. Rathore was pending with the Haryana Government and Sh.S.P.S.Rathore wanted to pressurize her from all quarters to withdraw the complaint. It was under duress that late Ms.Ruchika Girhotra stop going to school. It has been stated by Smt.Madhu Prakash that Mr. S.P.S. Rathore pressurized the school authorities when the then Home Secretary Sh. J.K.Duggal had recommended an F.I.R. u/s 354 and 342 IPC upon receiving the report of Sh. R.R.Singh, DGP (Haryana) on 03/09/1990. Further Smt.Madhu Prakash had stated that Sh.S.P.S.Rathore had submitted a representation in the last week of September, 1990 stating that late Ms.Ruchika Girhotra was a girl of loose morals who already stands expelled from the school. It has been alleged by Smt.Madhu Parkash that late Ms.Ruchika Girhotra was expelled from the school at the behest of Sh. S.P.S.Rathore who wanted the derive benefit from her expulsion. The school authorities issued no notice to late Ms.Ruchika Girhotra for nonpayment of fees and connived with Sh. S.P.S.Rathore by expelling her from the school so that late Ms.Ruchika Girhotra would be compelled to withdraw her complaint against Sh. S.P.S.Rathore.
Statement of Ms.Aradhana Gupta w/o Sh.Aman Gupta resident of House no. 56, Sec 18, Panchkula.
The statement of Ms.Aradhana Gupta (close friend of late Ms.Ruchika Girhotra) was recorded on 1/1/2010. In her statement, Ms.Aradhana has stated that late Ms.Ruchika Girhotra was close friend of hers and they used to play lawn tennis together. She has stated that they used to meet on a daily basis and discuss about the day's happenings. It has been stated by Ms.Aradhana that one evening in the month of August, 1990 late Ms.Ruchika Girhotra told her that the school authorities were not allowing her to attend school due to the pressure of Sh.S.P.S.Rathore against whom a complaint had been made for molesting late Ms.Ruchika Girhotra. It has been further stated by her that late Ms.Ruchika Girhotra told her that despite repeated requests made by her father to the school authorities, she was not being allowed to attend the school. It is stated that late Ms.Ruchika Girhotra was very upset and cried inconsolably as she was not allowed to attend the school where she had been a student since Nursery class. Ms.Aradhana has stated that she was told by late Ms.Ruchika Girhotra that when her father went to deposit the school fees, the nun at the counter refused to accept the same and when late Ms.Ruchika Girhotra father met the Principalwho told him that Sh. S.P.S.Rathore had pressurized the school authorities to expel late Ms.Ruchika Girhotra from the school as she had filed a complaint of molestation against him. It has been stated by her that late Ms.Ruchika Girhotra stopped going to school and started remaining upset day by day. Mrs Aradhana has further stated that goons standing outside the house of late Ms.Ruchika Girhotra at the behest of Sh S.P.S.Rathore used to mock at her by saying that she had been expelled from school and would further face severe consequences if she did not withdraw the complaint. It has been stated by her that late Ms.Ruchika Girhotra was badly affected with her expulsion from the school and started remaining depressed.
Statement of Sh.S.C.Girhotra, father of late Ms.Ruchika Girhotra r/o 125, Sector 12A, Panchkula.
The undersigned met Sh.S.C.Girhotra and recorded his statement on1/1/2010. It has been stated by Sh.S.C.Girhotra that his daughter late Ms.Ruchika Girhotra was a student of Sacred Heart School, Sec 26, Chandigarh since nursery class till the time she was asked to leave school in 10th class in the year 1990. In the month of Aug, 1990, he was told by his daughter late Ms.Ruchika Girhotra that school authorities had asked her not to attend school because Privanjali daughter of Sh.S.P.S.Rathore used to feel embarrassed with her presence in the school as Sh.S.P.S.Rathore was involved in the molestation of late Ms.Ruchika Girhotra. Sh.S.C.Girhotra has stated that when he visited the school to inquire about the reasons for not allowing his daughter late Ms.Ruchika Girhotra to attend the school, the nun at the cash counter the duly filled in fee book and cash to him refusing to accept the fees. He was told by the cashier nun that the Principal had specifically instructed her not to accept Ruchika fees. Sh.S.C.Girhotra has stated that when he contacted the Principal he was told that Sh.S.P.S.Rathore had pressurized the school authorities not to allow late Ms.Ruchika Girhotra to attend school as his daughter Priyanjali Rathore was feeling embarrassed because of the molestation incident. It has been stated by Sh.S.C.Girhotra that though he requested the Principal to be sympathetic to Ruchika since she was the victim, he was asked to leave. It has been stated by him that the system of depositing fees in the school was quarterly and the fees of any quarter could be deposited with a fine of Rs 30/- in the next quarter. He has specifically stated that in the past as well he had deposited Rucika's fees for two quarter in one go alongwith fine. Sh.S.C.Girhotra has stated that after the Principal refused to pay any heed to his requests he was left with no option but to ask Ruchika to stop attending school under duress which was very demoralizing for his daughter who had to appear for her matriculation examination privately through Punjab School Education Board. It has been stated that by Sh.S.C.Girhotra that no show cause notice/warning/letter was ever issued to him or his daughter regarding nonpayment of fees or striking off of Ruchika's name from the school rolls.
Statement of Ms.R.B.Singh, Ms.Tejinder Sondhi and Ms.Prabha Sharma teachers of Sacred Heart School, Sector 26, Chandigarh recorded on 01/01/2010.
The above said oldest serving teachers of the school have stated that they do not recall hearing anything about the case of late Ms.Ruchika Girhotra while she was a student of Sacred Heart School. They have stated that they do not know whether late Ms.Ruchika Girhotra was expelled/dropped out/left the school. Ms.Tejinder Sondhi and Ms.Prabha Sharma has stated that while holding the charge of class teacher they have rely on the slip issue from the school office while removing the name of a student from the attendance register of the class. They have categorically stated that during their tenure of class teacher they have not made an entry of struck off from the rolls against the name of the students in the attendance register.
Statement of Sister Sebastina, Principal Sacred Heart Convent School, Sector-26, Chandigarh.
The statement of Sister Sebastina, the then Principal of Sacred Heart Convent School, Sector 26, Chandigarh was recorded on 2/1/2010. She stated that she was the Principal of Sacred Heart Convent School, Sector-26, Chandigarh from the year 1989 up to May, 1993. She further stated that she does not recall hearing anything about the molestation case of late Ms. Ruchika Girhotra while she was a student of Sacred Heart School in Class Xth in the year, 1990. As regards fee collection of students, it is laid down in the school diary that if the fees of a student is not paid for one quarter, the name of the student can be struck off the rolls. The fee collection in Sacred School is done on a quarterly basis and fees is collected in the months of April, July, October and January in an academic year. It has been stated by her that when she joined as Principal in Sacred Heart School in the year, 1989 the fees was already being collected in the branch of Indian Bank, Sector-7, Chandigarh. No fees was being collected in the school at the fee counter, except at the time of fresh admission. She has stated that she does not recall having struck off the name of any student from the rolls on account of non payment of fees other than late Ms. Ruchika Girhotra. It has been stated by her that in the case of late Ms. Ruchika Girhotra, there was a verbal communication from Sister Camilla, the then Bursar of the school in the month of September regarding non payment of fees for two quarters i.e. April and July, 1990. Sister Camilla, the then school bursar had informed her that she had called late Ms. Ruchika Girhotra to her office and had reminded her about the non payment of her fees. It has been stated by Sister Sebastina that no notice/warning/letter was given to the parents of late Ms. Ruchika Girhotra regarding non payment of fees and that she issued verbal instructions to the school bursar to inform the class teacher to strike off the name of late Ms. Ruchika Girhotra from the school rolls. She has stated that in the case of non payment of quarterly fees, the students are called to the school office and reminded verbally regarding payment of pending fees. It has been stated by her that she does not recall any other case of non payment of fees by the students having been brought to her notice by the school bursar during her tenure as Principal from 1989 to 1993. At the time when late Ms. Ruchika Girhotra's name was struck off from the school rolls, Ms. Rita Jain was the class teacher of class Xth who is no longer teaching in the school as she left the school a number of years ago. As per the record of the school, the daughter of Sh. S.P.S. Rathore was a student in the same class as late Ms. Ruchika Girhotra though in a different section. She has stated that she was not aware of the fact that Ms. Priyanjali Rathore d/o Sh. S.P.S. Rathore, defaulted in the payment of fees for the quarters of April, 1990 and October, 1990. She has stated that she first heard about the molestation case of late Ms. Ruchika Girhotra in the year, 2000 when the then Principal of Sacred Heart School spoke to her about the case in connection with some inquiry. Sister Sebastina has stated that she does not recall having met Sh. S.C. Girhotra father of late Ms. Ruchika Girhotra. She has stated that Sh. S.C. Girhotra never came to her office requesting for acceptance of the late fees of his daughter. As per the fee book of the school, the payment of quarterly fees installment after the due date can be made in the bank alongwith penalty. She has stated that she is not aware of any other cases in the school of students who have defaulted in payment of fees for one or more quarters and of any variations in the fee rules as mentioned in the school diary and those mentioned in the school fee book. Sister Sebastina has stated that she is not aware of any such rules of the diocese under whose jurisdiction the Sacred Heart School functions wherein it has been provided that the students are not generally expelled for non-payment of fees and due concession is given to students who are unable to pay the fees due to difficult circumstances. She has stated that she has never met Sh. S.P.S. Rathore in person or has ever spoken to him. It has been stated by Sister Sebastina that there was no pressure/influence on her as school Principal to strike off the name of late Ms. Ruchika Girhotra from the school rolls. Sister Sebastina has stated that there has been no other case of striking off the name of students from the rolls for non-payment of fees as per the school records. It has been stated by her that she does not recall that during her tenure as Principal that she issued any written instructions/permission to the bank authorities to accept the fees of a student after the due date. Further she stated that during her tenure as Principal the cases of students who were unable to pay the fees timely on account of financial difficulties were considered sympathetically by her on their verbal request. She stated that she is not aware that late Ms. Ruchika Girhotra when she was a student in class IXth paid the fees in the academic session during the month of May, 1989 and then further in March, 1990. It has been stated by her that Late Ms. Ruchika Girhotra's name was struck off the rolls as per her verbal orders when non-payment of her fees in Class Xth from April to September, 1990 was brought to her notice by the then school bursar. She has stated that she does not know whether any entry has been made in the admission and withdrawal register of the school against the name of late Ms. Ruchika Girhotra whose name was struck off the school rolls.
Statement of Sister Joselyne, Principal and Superior, St. Francis Convent, Distt. Rampur (U.P.).
The statement of Sister Joselyne who was Vice Principal of Sacred Heart Convent, Sector-26, Chandigarh from the year 1989 to 1993 was recorded on 2/1/2010. In her statement she has stated that she does not recall hearing anything about the molestation case of late Ms. Ruchika Girhotra while she was a student of Sacred Heart Convent School in Class Xth in the year, 1990. She stated that she learnt know about the molestation case of late Ms. Ruchika Girhotra who was a student of Sacred Heart School, in the year, 2009 from newspaper reports. She has stated that she used to check the attendance register of classes VIth to Xth prepared by the class teachers every month. She further stated that there was a provision for collection of fee installments of the previous quarter in the next quarter alongwith payment of penalty. During her tenure as Vice Principal of the school, the name of no student was ever struck off from the school rolls for non-payment of fees other than late Ms. Ruchika Girhotra.
She has stated that she checked the attendance register of class Xth D in the year 1990 for the month of September, 1990 when late Ms. Ruchika Girhotra's name was struck off from the school rolls. The entry in the said register regarding striking off the name of late Ms. Ruchika Girhotra from the rolls had been made by the class teacher Ms. Rita Jain. She has stated that she found from the school office that in the case of late Ms. Ruchika Girhotra her name was struck off the rolls on account of non-payment of fees from April to September, 1990. Sister Joselyne has stated that she spoke to the school Principal, Sister Sebastina about the case of late Ruchika Girhotra and she was informed that the Principal had ordered her name to be struck off the rolls on account of non-payment of fees as per the rules. The date of striking off the name of late Ms. Ruchika Girhotra from the attendance register of the school in class Xth is 19th September, 1990. She stated that the attendance register of Class Xth D for the month of September, 1990 was checked by her on the last working day of September, 1990.
Statement of Father Thomas, Anchanikal Vicar General and Spokesman of the Chandigarh Shimla Diocese
The statement of Father Thomas was recorded on 2/1/2010 . He has stated that the Sacred Heart Convent School comes under the jurisdiction of the Chandigarh Shimla Diocese. Late Ms.Ruchika Girhotra's name was struck off from the school rolls in class Xth for non payment of fees from April to September, 1990. He further stated that no student has been expelled or name struck off the rolls on account of non payment of fees in Sacred Heart School Sector 26, Chandigarh other than Late Ms.Ruchika Girhotra. As per the rules of the diocese, students are not expelled for non payment of fees and due concession is given to students who are unable to pay the fees on account of family circumstances. It has been stated by Father Thomas that no warning/show cause notice/letter was issued to Late Ms.Ruchika Girhotra for non payment of fees. The payment of fees is governed by the provisions/instructions laid down in the fee book of the school. As per the rules in the school diary, if a student does not pay the school fees for four months her name can be struck off the rolls. Father Thomas has stated that this provision has been included in the school diary purely as a symbolic measure so that the parents may deposit the fees of the students in time. It has been further stated by him that as a matter of practice, the said rules is not enforced and the name of the students is not struck off from the rolls. It has been stated by father Thomas that during his tenure as Incharge of schools, no students have ever been struck off the rolls for non payment of fees and if such a case comes up, it is generally condoned. He has stated that Late Ms.Ruchika Girhotra was never expelled from school and it appears to him that the parents of the girl stopped sending her to school.
Statement of Smt.Charanjit Kaur, Ex teacher of Sacred Heart School, Sector 26, Chandigarh.
The statement of Smt.Charanjit Kaur who worked as a Hindi teacher in Sacred Heart School, Sector 26, Chandigarh from the year 1982 to 2001 was recorded. In her statement Smt.Charanjit Kaur has stated that she does not recall hearing anything about the molestation case of Late Ms.Ruchika Girhotra while she was a student of Sacred Heart School. She has stated that she learnt about the case of Late Ms.Ruchika Girhotra in the year 2009 from media reports. Smt.Charanjit Kaur has stated that the attendance register is maintained by the class teacher and is signed by a colleague teacher as supervisor and then verified and checked by the Vice Principal/Principal at the end of every month. She has stated that during her tenure as class teacher there was no case wherein a student's name was struck off from the rolls for the non payment of fees. It has been stated by her that she signed as supervisor teacher on the attendance register of class Xth-D in the month of September, 1990 when the name of late Ms.Ruchika Girhotra was struck off from the school rolls. She has stated that she cannot say whether the entry regarding the striking off the name of late Ms.Ruchika Girhotra from the school rolls already made in the attendance register when she appended her signatures on it as supervisor.
Statement of Geetanjali Gayatri w/o Sh.Gurmit Singh class mate of late Ms.Ruchika Girhotra
The statement of Ms.Geetanjali Gayatri, Ex student of Sacred Heart School and class mate of late Ms.Ruchika Girhotra was recorded on 03/01/2010. In her statement she has stated that she was in same class as late Ms.Ruchika Girhotra in Sacred Heart School, Sector 26, Chandigarh. It has been stated by her that when she was a student of class Xth, there was talk in the school amongst the students regarding some unsavory incident having happened with late Ms.Ruchika Girhotra probably involving outraging her modesty. She has stated that though she was not a personal friend of late Ms.Ruchika Girhotra but there was talk amongst the students as to what might have happened to late Ms.Ruchika Girhotra. She has stated that she knew that a batch mate namely Ms.Priyanjali Rathore's father was accused of molesting late Ms.Ruchika Girhotra. Further, it has been stated by her that she recalls having seen late Ms.Ruchika Girhotra crying very often in class after the molestation incident. Ms.Geetanjali has stated that she did not at that time that the name of late Ms.Ruchika Girhotra was struck off the rolls. It is stated by her that when late Ms.Ruchika Girhotra stopped coming to school in class Xth, it was assumed that she had gone abroad.
Statement of Sister Camilla, the then school bursar of Sacred Heart School.
The undersigned telephonically contacted Sister Camilla as the latter expressed her inability to depose in person on account of ill health. During the telephonic conversation, Sister Camilla stated that she was bursar in Sacred Heart School from the year 1990 to 1994. As bursar her duty was to oversee collection of fees. It has been stated by Sister Camilla that the entries in fee control register of the school were made in her handwriting. Sister Camilla further stated that she did not recall having met the School Principal regarding the non-payment of fees by late Ms. Ruchika Girhotra. It has been stated by her that she did not recall having met Sh. S.C. Girhotra, Father of late Ms. Ruchika Girhotra regarding the fees of his daughter. Sister Camilla has stated that she does not remember the fee rules of the school and whether she ever recommended the striking off the name of any student from the school rolls on account of non-payment of fees. She has stated that students used to be called and informed verbally about the non-payment of their fees. It has been stated by her that she heard about the late Ms. Ruchika Girhotra's case from the newspapers recently. She has stated that she cannot remember whether written order were given by the Principal for striking off the name of late Ms. Ruchika Girhotra and what were the reasons for striking off her name from the rolls. It has been stated by her that she never met Sh. S.P.S. Rathore and that she cannot remember if any one approached her or influenced her for striking off the name of late Ms. Ruchika Girhotra from the school rolls. Sister Camilla has stated that the competency for striking off the names of any student from the school rolls lies with the School Principal.
Statement of Smt. Swaran Ahluwalia, Ex-teacher of Sacred Heart School, Sector-26, Chandigrh.
It has been stated by Smt. Swaran Ahluwalia that she taught late Ms. Ruchika Girhotra when she was a student in the Class-Xth. It has been stated by her that there were some talk in the school amongst some students about some incident having taken place with late Ms. Ruchika Girhotra had stopped coming to school. It has been stated by her that when she noticed that late Ms. Ruchika Girhotra has stopped coming to school, on asking her classmates, she was told that Ms. Ruchika Girhotra will not be coming to school and the reason for the same may be asked from the Principal. There was some talk amongst the teachers as to what incident that took place with Ruchika was being discussed by the students. She has stated that she never heard the name of any student being struck off from the school rolls on account of non-payment of fees.
Statement of Mrs.Amarjit Toor, Ex-teacher of Sacred Heart School, Sector-26, Chandigarh.
She has stated that she taught late Ms. Ruchika Girhotra in Sacred Heart School who was an average student. It has been stated by her that she does not recall hearing about the case of late Ms. Ruchika Girhotra while she was in the school. She has stated that there was some talk in the school regarding some incident involving Ms. Ruchika Girhotra after she left school. It has been stated by her that she does not recall having struck off the name of any student from the school rolls on account of non-payment of fees.
From a perusal of the complaint made with regard to the alleged wrongful expulsion of Late MS Ruchika Girhotra from the school and the statements/replies made by the school authorities, friends and family of late Ms. Ruchika Girhotra, the following issues arise for determination in the present inquiry: -
i) What guidelines/instructions/rules did the school follow while expelling late Ms. Ruchika Girhotra from the school?
ii) What was the procedure followed by the school authorities for expelling late Ms. Ruchika Girhotra from the school and whether any opportunity of hearing/show cause notice was given to late Ms. Ruchika Girhotra or her parent/parents before her expulsion from the school? Was any penalty imposed on late Ms. Ruchika Girhotra for non-payment of fees?
iii) Whether the school has ever expelled/struck off from the rolls the name of any student on account of non-payment/delay in payment of fees?
iv) Was the order of expulsion of late Ms. Ruchika Girhotra from the school arbitrary, harsh and unjust?
v) Were the school authorities under any external influence or pressure in taking the decision of striking off the name of late Ms.Ruchika Girhotra from the school rolls?
After the careful consideration of the statements of the complainant/school authorities and the friends and relatives of late Ms. Ruchika Girhotra as well as the record/documents obtained from the school authorities pertaining to the instant case, the undersigned has arrived at the following conclusions: -
Query No.1: What guidelines/instructions/rules did the school follow while expelling late Ms. Ruchika Girhotra from the school?
In this regard, the reply to the questionnaire submitted by the school authorities and the instructions for the payment of fees in the fee book and extract of the school diary would be relevant.
It has been stated by Sh. S.C.Girhotra, father of late Ms Ruchika Girhotra that the system of depositing the fees in the school was quarterly and the fees of any quarter could be deposited with a fine of Rs 30/- in the next quarter. He has specifically stated that in the past he had been depositing Ruchika's fees for two quarters in one go alongwith fine and the same had been accepted by the school.
The school authorities vide their written communication dated 3rd January, 2010 have stated that the student fee book of 1990-1991 and the student's school diary of the year 1990-1991 (the relevant period of the inquiry) is not available with them. Further they have stated as per their knowledge all the diaries pertaining to the years- 1990-1991, 1991-92 and 1992-93 have identical matter. However, in their written reply vide memo dated 31.12.2009, the school authorities have stated that on account of non-payment of fees consecutively for about six months, the name of late Ms. Ruchika Girhotra was not carried forward on the rolls in terms of the school diary/code of pupil's conduct at page-6, item no. 35.
The said extract of the school diary (1992-1993) is reproduced as under (Annexure-13 to P-1, reply furnished by the school authorities): -"35. A student is struck off the rolls, if arrears of fees accumulate beyond one installment, or if she continues to be absent without a leave for more than ten days in succession".
Rule 3 of the fee rules in the said diary at page 14 states that:
"A child will be struck off the rolls if dues remain unpaid beyond one instalment and a re-admission if granted will only be when all previous dues are cleared".
It is further mentioned at page 15 under the caption "School Fees" that "All fees should be deposited by the 10th of the month as mentioned above. After this date upto the 20th of the month with a fine of Rs.20/-. Thereafter fees will be accepted with the next instalment only with a fine of Rs.40/- between 1st and 10th of the next quarter. That too with the specific permission from the Principal only. If 20th of the month is a bank holiday the fee will be collected on the next working day. 4th instalment will not be accepted after 20th January. Whose dues remain unpaid after 20th January will not be permitted to appear in the final exam".
Furthermore, as per the School Fee Book of 1992-1993 under the heading of "Fee schedule", it is mentioned, "All fees should be deposited by the 10th of the month as mentioned above. After this date upto the 20th of the month with a fine of Rs.20/-. If 20th happens to be a holiday then fee will be accepted on the next working day. Thereafter fees will be accepted with the next instalment only with a fine of Rs.40/- between 1st and 10th of the next quarter. N.B. - Bank has no authority to waive fine and accept the fees after the due date without the written permission from the school".
Upon questioning, the Bank authorities vide memo dt. 4/01/2010, have detailed the current fee collection procedure, "After the due date of payment with penalty i.e, 15th (April, July, October, January) if any parent/student approaches for remitting the fee, they are directed to the school and only if the school authorities authorize us, we collect the fees. Otherwise the fee can be accepted with the next installment only between 1st to 10th (April, July, October and January) with fine in which case it is not necessary to get authority from school. This is not applicable for the fourth quarter of the year."
In her statement, Sister Sebastina, Principal, Sacred Heart School, Sector-26, Chandigarh stated that she does not recall having struck off the name of any student from the rolls on account of non-payment of fees other than late Ms. Ruchika Girhotra. She has stated that as per the fee book of the school, the payment of quarterly fees installment after the due date can be made in the Bank with penalty and that she does not recall that during her tenure as Principal, she issued any written instructions/permissions to the Bank authorities to accept the fees of a student after the due date. Further, she stated that during her tenure as Principal the cases of students who were unable to pay the fees timely on account of financial difficulties were considered sympathetically by her on their verbal request.
Sister Joselyne, Principal and Superior, St. Francis Convent, Distt. Rampur (U.P.) who was the then Vice Principal of Sacred Heart Convent School, Sector-26, Chandigarh from the year 1989 to 1993 stated that there was a provision for collection of fee installments of the previous quarter in the next quarter alongwith the payment of penalty. During her tenure as Vice Principal, the name of no student was ever struck off from the school rolls for non-payment of fees other than late Ms. Ruchika Girhotra.
Father Thomas Anchanikal, Vicar General and Spokesman of the Chandigarh, Shimla Diocese, in his statement said that as per the rules of the diocese, students are not expelled for non-payment of fees and due concession is given to students who are unable to pay the fees on account of family circumstances. He also said that the payment of fees is governed by the provisions/instructions laid down in the fee book of the school and that as per the rules in the school diary, if a student does not pay the school fees for four months, his/her name can be struck off the rolls. Father Thomas stated that this provision has been included in the school diary purely as a symbolic measure so that the parents may deposit the fees of the students in time. It has been further stated by him that as a matter of practice, the said rules are not enforced and the name of the students are not struck off the rolls. Father Thomas further stated that during his tenure as Incharge of the school, no student has ever been struck off the rolls for non-payment of fees and if such a case comes up, it is generally condoned.
Entry number 35 under the Code of Pupil's Conduct as well as rule 3 of the fee rules in the school diary of 1992-1993, mention that the name of the defaulting student who does not pay the arrears of school fees beyond one installment (i.e. for a quarter of a year) will be struck off the rolls. However, as per the current practice, late deposit of school fees can be accepted by the bank authorities with the next installment between 1st to 10th of the months of April, July, October and January with a fine, in which case it is not necessary to get authority from the school.
It is evident that the school selectively followed(as explained in the forthcoming paras) the aforesaid instructions/rules mentioned in the school diary and singled out late Ms. Ruchika Girhotra for striking off her name from the school rolls.
QUERY -2. What was the procedure followed by the school authorities for expelling late Ms. Ruchika Girhotra from the school and whether any opportunity of hearing/show cause notice was given to late Ms. Ruchika Girhotra or her parent/parents before her expulsion from the school? Was any penalty imposed on late Ms. Ruchika Girhotra for non-payment of fees?
With regard to the procedure followed by the school authorities, they have categorically stated in their reply dated 31.12.2009 that the name of late Ms. Ruchika Girhotra was not carried on the rolls on account of non-payment of fees for six months. It has been further stated that no warning or show cause notice was issued to the student as the school was not inclined to take any disciplinary action and took recourse to the simple action of non carrying forward of the name in attendance.
From a perusal of the above mentioned reply, it can be amply concluded that the action of expelling late Ms. Ruchika Girhotra from the school without even giving any opportunity to her or her parent/parents to deposit the school fee alongwith the late payment fine (as enumerated in the fee rules of the school diary), was arbitrary and one sided and is an indisputable reflection of the high-handed, callous, inconsiderate and insensitive attitude of the school authorities. It is an admitted case of the school authorities that Ms. Ruchika Girhotra was condemned unheard in violation of the principles of natural justice. This is particularly so, keeping in view the fact that till date the school has maintained studied inaction in about 135 cases of students who have similarly defaulted in the timely payment of fees by not initiating any action against them. It is further shocking to note that when the name of Lt Ms Ruchika Girhotra was struck off the rolls for non-payment of fees, in the same academic year 1990-1991, the school turned a blind eye to around seventeen similarly placed students (including Ms Priyanjali Rathore d/o Sh.S.P.S. Rathore) who defaulted in the payment of fees. It is pertinent to point out that as per the record culled out from the fee control register of the school for the year 1990-1991, in the case of around eight students, the default in the payment of fees was for a period longer than in the case of Late Ruchika Girhotra (Record of Fee Control Register P-21, summary of defaulting students P-22). One glaring case, out of these, is that of Ms. Niharika Sharma (a student of class X-D, the same section as Ruchika's) who paid her fees for the first time in October 1990 i.e. after six months of default but the school authorities only victimized Ms. Ruchika Girhotra by taking action against her.
It has been stated by the complainant, Ms Madhu Prakash and Sh.S.C.Girhotra, father of late Ms.Ruchika Girhotra that when he visited the school to deposit his daughter's fees, he was turned away from the cash counter and told by the nun present that as per the directions of the Principal, she was not in a position to accept the fees.
In her supplementary statement, Sister Sebastina has refuted the allegations made by stating that no request or representation was received in the case of Lt Ms Ruchika Girhotra for re-enrollment. Further she has stated that as a matter of principle and practice, a student's name is struck off the rolls of the school if the fees are not paid over a period of time. However the school authorities allow such a student to attend the classes and continue their education if they report in the school and if any request is made by the parent/guardian regarding re-enrollment, it is allowed by the school. It has been stated Lt Ms Ruchika Girhotra did not attend the school when the school reopened in September 1990.
The conclusion that the school authorities acted in an arbitrary and whimsical manner is further fortified by the perusal of the statements of Sister Sebastina, the then Principal, Father Thomas and the then Vice Principal, Sister Joselyne. Sister Sebastina has stated that no notice/warning/letter was given to the parents of late Ms. Ruchika regarding non-payment of fees. It has been stated by Sister Sebastina that she received a verbal communication from Sister Camilla, the then bursar of the school in the month of September regarding non-payment of fees for two quarters i.e. April and July, 1990 of late Ms. Ruchika Girhotra. She has stated that Sister Camilla informed her that she had called late Ms. Ruchika Girhotra to her office and had reminded her about the non-payment of her fees. Sister Sebastina states that she issued verbal instructions to the school bursar to inform the class teacher to strike off the name of late Ms. Ruchika Girhotra from the school rolls.
Sister Camilla, the then Bursar of the school has stated that she does not remember the procedure in the school for striking off the name of the students from the school rolls. Further, she has stated that she does not know if a written notice was served to Ms. Ruchika Girhotra for non-payment of fees. She stated that she did not speak to the class teacher or give in writing to strike off the name of late Ms. Ruchika Girhotra from the school rolls. She stated that she does not recall whether any written order was given to her for striking off the name of Ms. Ruchika Girhotra or the reasons for striking off her name from the rolls.
There is nothing on record to show that any penalty was ever imposed on late Ms. Ruchika on account of non-payment of fees. In fact, the question of imposition of a penalty would have arisen only had the school authorities accepted late payment of fees from her. To the contrary, instead of taking into account the larger academic and future interests of late Ms. Ruchika Girhotra (like the school did in all the around 135 cases of other similarly placed students), it is evident that the school indulged in the selective application of the rules by singling out her case and expelled her from the school in an insensitive, unthoughtful,arbitrary and harsh manner.
QUERY-3. Whether the school has ever expelled/struck off from the rolls the name of any student on account of non-payment/delay in payment of fees?
To answer this query as to whether the name of any student has been ever struck off the rolls of Sacred Heart School, Sector-26, Chandigarh on account of non-payment/delay in payment of school fees, the statements of Ms. Tejinder Sondhi, Ms. Prabha Sharma, Sister Sebastina, Sister Joselyne, Father Thomas, Smt. Charanjit Kaur,Ms Amarjit Toor and Ms Swaran Ahluwalia (Ex-teachers, Sacred Heart School) were recorded. The above said persons in their depositions before the undersigned have stated that no student has ever been struck off the rolls of Sacred Heart Convent School on account of delay/non-payment of school fees. Sister Sebastina stated that during her tenure as Principal, the cases of students who were unable to pay the fees timely on account of financial difficulties were considered sympathetically by her on their verbal request.
The statements made herein above are supported and substantiated by the perusal of the school fee register which shows that there are about 135 similar cases of students who did not deposit their arrears of school fees on time and no action was ever taken against them.
It seems highly unbelievable and implausible that no other case of nonpayment of fees by the students was brought to the notice of Sister Sebastina during her tenure as Principal.
It is rather strange that a missionary school which as per the admission of Father Thomas and Sister Sebastina in their statements, as a matter of general practice and principle empathetically considers the cases of those students who are unable to pay their school fees in time on account of financial/family hardships ignored the same by making an unprecedented exception in the case of late Ms.Ruchika Girhotra.
QUERY -4 Was the order of expulsion of late Ms. Ruchika Girhotra from the school arbitrary, harsh and unjust?
From a perusal of the facts and circumstances mentioned herein above, it is clear that though Rule 35 and Rule 3 of the school fee rules provide that the name of the student can be struck off the rolls on account of arrears of fees, the same has never been done in the history of the school excepting the case of late Ms. Ruchika Girhotra which is the only sordid instance. In the reply dated 31.12.2009, the school authorities have clearly mentioned that no warning or show cause notice was issued to late Ms. Ruchika Girhotra before striking off her name from the school. It is further mentioned in the reply that during the relevant year, 1990, no student was in default of payment of fees. This statement is nothing but a pack of lies to cover up the wrongful act of the school authorities since as per the record obtained from the fee control register of the school, around seventeen students defaulted in the payment of fees in the academic year 1990-91. Besides this, the school fee record of the Sacred Heart Convent School shows that about 135 students have similarly defaulted in timely payment of school fees against whom no action has ever been taken by the school authorities till date. This is, therefore, a case which clearly demonstrates beyond any manner of doubt that the school authorities acted in a malafide, biased, arbitrary, indiscriminate and unwarranted manner while expelling late Ms. Ruchika Girhotra from the school.
It seems strange that the principle and practice of removing the name of the student from the rolls for non-payment of fees was applied only in the case of Late Ms Ruchika Girhotra.
The stance taken by the school that Late Ms Ruchika Girhotra while studying in Class X D was not regular in attending the classes and that the school does not have any follow up practice to find out the reasons for the absence of any students from the classes is not relevant in the instant case. It is an admitted case of the school that the name of Late Ms Ruchika Girhotra was struck off the rolls for non-payment of fees in the month of September 1990 and her attendance had no bearing on this decision.The school attendance record for the year 1990-1991 nonetheless reveals that Late Ms Ruchika Girhotra attended classes for 12 out of 17 days in the month of August 1990 and that there was a student by the name of Ms Amrit Kaur in her class whose attendance was shorter than that of Ruchika's (being 70/158 in comparison to Ruchika's attendance of 76/158).
The attendance register clearly mentions 'struck off the rolls for non-payment of fees' against the name of Late Ms Ruchika Girhotra in the month of September 1990. It is difficult to believe that Ruchika, who was an average student (as per the statements of the teachers) would voluntarily stop attending school, that too in a crucial board class. That Ruchika was keen to continue her studies is evident from the fact that she appeared for her matriculation examination privately through the Punjab Board.
A perusal of the School fee register clearly shows that Ms Ruchika Girhotra had earlier defaulted in the payment of fees as a student of ninth grade in the year 1989-1990 for eight months but no action was taken against her at that time. This amply goes to demonstrate that on earlier occasions, the school conveniently overlooked the default in the payment of fees.
It has been stated by Ms Gitanjali Gayatri, a classmate of late Ms.Ruchika Girhotra in Class Xth, there was talk in the school amongst the students regarding some unsavory incident having happened with Ruchika probably involving outraging her modesty. She has stated that she knew that a batch mate namely Ms.Priyanjali Rathore's father was accused of molesting late Ms.Ruchika Girhotra.When the classmate of Late Ms Ruchika Girhotra has admitted that there was a murmur amongst the students with regard to the incident of her molestation, feigning ignorance of the incident by the school authorities at that time is not credulous.
From a perusal of the statements of Father Thomas and Sister Sebastina, it is only to be inevitably concluded that despite the policy of the school with regard to having a compassionate and sympathetic view in condoning cases of delay in timely payment of fees on account of financial/family circumstances, the school authorities made an unprecedented exception in striking off the name of late Ms.Ruchika Girhotra from the rolls. This act of the school is a striking departure from their accepted norms and policies.
Every student has a right to be treated fairly and ethically, with respect and dignity to pursue education in a supportive and encouraging environment. A student has the right to study in an environment committed to the principles of equity and equality of opportunity.Unfortunately, instead of adhering to the aforesaid principles, the school has exhibited moral callousness and ruthlessness by expelling Late Ms Ruchika Girhotra as an isolated case, that too at a time when she much needed emotional and moral support.
Furthermore, in the reply dated 31st December, 2009 filed by the school authorities before the undersigned, they have emphasized that the name of Late Ms Ruchika GIrhotra was struck off the rolls and that she was not expelled. To my mind, expulsion and striking off the rolls are the two sides of the same coin. This is so because the end result/consequence of either of the two acts is that the affected student ceases to be a student of the school. The school cannot escape responsibility for its action by the usage of such euphemisms.
QUERY NO.5 Were the school authorities under any external influence or pressure in taking the decision of striking off the name of late Ms.Ruchika Girhotra from the school rolls?
Mrs. Madhu Parkash has stated in her complaint that late Ms. Ruchika Girhotra told her that the school authorities were not allowing her to attend the school due to the pressure exerted by Sh. S.P.S. Rathore. Mrs. Madhu Parkash stated that since the incident of molestation was known to everyone, Sh. S.P.S. Rathore pressurized the School Principal to expel Late Ms Ruchika Girhotra from the school to save embarrassment to his daughter who was a student in the same class as Ruchika.
The deposition of Smt.Madhu Parkash has been corroborated by the statement of Shri S.C.Girhotra who has also categorically stated that the school acted under pressure of Sh.S.P.S.Rathore and did not care about the career and life of his child. It has been stated by Shri S.C.Girhotra that the Principal specifically told him that Shri S.P.S.Rathore had pressurized the school authorities for not allowing Ruchika to attend the school.
Sh.S.P.S.Rathore in his statement to the undersigned has submitted that his daughter Priyanjali was a student of Sacred Heart School studying in class Xth in the year 1990-1991. He further stated that he does not remember whether he ever submitted a representation to the CBI or Haryana Government in the year 1990 or any time thereafter mentioning the expulsion of late Ms.Ruchika Girhotra from Sacred Heart School, Sector 26, Chandigarh. He stated that it is a 19 year old incident and that he has carefully checked the record connected with the trial which was going on in Ambala and Patiala and that no such letter or representation or document is available with him. He nowhere states that he never made any such representation to the CBI or the Haryana Government. His answer is neither in the affirmative nor negative.
Sister Sebastina's statement that the decision of striking off the name of late Ms Ruchika Girhotra from the school rolls was taken by her independently and that there was no pressure from any quarter that influenced her decision in this regard whatsoever cannot be believed in the face of telling circumstances of the case.
From the discussions made herein above, it is amply evident that the school authorities indulged in the contemptuous act of expelling late Ms. Ruchika Girhotra and did not act independently or impartially but under acute pressure in invoking Rule 35 of the Pupil's Code of Conduct since the same rule has never been applied to any of the 135 similar cases dug out by the undersigned from the official records of the school.
The overall attending circumstances of the case are such that an irresistible conclusion may be drawn that the school authorities acted under some outside compelling influence in the arbitrary decision of singling out late Ms.Ruchika Girhotra and selectively applying the rules pertaining to non payment of fees to her case. This act of the school authorities certainly would have contributed to mortifying the self esteem, self confidence, integrity and reputation of a young minor girl (late Ms. Ruchika Girhotra) thereby traumatizing and indelibly scarring her impressionable mind.
With regard to the allegation in the statement of Sh.S.C.Girhotra that the school authorities expelled Late Ms Ruchika Girhotra from the school at the behest of Sh.S.P.S.Rathore, although no direct evidence is available, it is quite probable in view of the strong circumstantial evidence to the effect that Ruchika's expulsion was proximate in time and followed close on the heels of the incident of molestation. This aspect in my view requires an in-depth and thorough probe.
The undersigned, therefore, recommends that an appropriate action be taken against the school authorities/persons connected with the case so as to set an example for other academic institutions for all times to come.
SDM(South)-cum-I.O.,
U.T., Chandigarh.