Seizure of mobile
Guest
(Querist) 28 September 2012
This query is : Resolved
A school has seized the mobile phone of a student and inspite of repeated reminders by his parents, has not returned the same.
Meanwhile, the student has left the school.
Can a school authority seized a mobile of a student as per their rules? If so, legal remedies to get it back?
ajay sethi
(Expert) 28 September 2012
issue legal notice to school to return the mobile . school can at most impose some fine for using mobile . it should be returned . since student has already left school he can dwemand his mobile be returned
Rajeev Kumar
(Expert) 28 September 2012
Issue a legal notice to school for return of mobile. The school can impose fine and after depositing it mobile will be returned.
R.K Nanda
(Expert) 28 September 2012
send a legal notice to school.
V R SHROFF
(Expert) 28 September 2012
YOUR PROFILE "I am a Retd. Company Secretary & General Manager(Law) "" worked in that Company as their Legal Head for around 15 years and retd. I worked as V.P.(Secretarial Dept.) of J Ltd.I am an Ex. Faculty of the I.C.W.A. of India Company Secretary in a very reputed Pvt. Ltd. Company in Delhi. I have more than 35 years experience in dealing with Company Law & Other Commercial Laws.
A.K.Maitra""
VERY GOOD, AND WE EXPECT U TO SOLVE OUR QUERY.
A Legal personality of repute, Just see Principal , ask your mobile, or tell to meet & give in Court. School authority cannot retain it now.
Guest
(Querist) 29 September 2012
Dear Shroff Ji,
There was no need to reproduce my profile while giving a reply.It was an offensive manner of giving the comments,which I did not expect from a learned person like you.Moreover,I have never worked in any company named J Ltd. as stated by you.
I have my own views to this query but I just wanted to share it with you.Moreover, comments given by the experts above are in line with my views on the matter.
Regards,
A.K.Maitra
prabhakar singh
(Expert) 29 September 2012
School can at best impose ban of use of mobile in school campus and penalty or expulsion for default cases but it does not have right to confiscate mobile(property)of a student.
The action of school does give you right to sue in civil as well as criminal side for which not even any notice is required.FIR can be lodged or suit can be filed directly.I do not no the term legal notice.A notice is either statutory or a gentle man warning before any legal action.
Sudhir Kumar, Advocate
(Expert) 29 September 2012
Immediate seizure was justified but pepetual title of property does not pass to school.
Raj Kumar Makkad
(Expert) 30 September 2012
*Prabhakar G! It would have been better had if you told that way to come out of the situation. I think every situation may be brought under legal aspects and querist has still failed to get any clear guidelines from all of us.
*Querist! I believe that the school authorities have become greedy as the matter of teaching a lesson to the relevant student or the others has passed away. The only remedy remains now to teach lesson to school authorities. Some times 'teachers' also require to learn lesson so not only civil but criminal action should be initiated against all concerned but prior to that just for providing a chance, it shall be better to serve a legal notice.
Guest
(Expert) 30 September 2012
There cannot be any compelling ground for seizure of the mobile phone of any student by school, unless there is a strong evidence of sending illegal sexy mms that could be used in any criminal case, if some girl student or the school, itself, has lodged any complaint against the student with the police.
However, if there is no such case, a complaint with the police should have been lodged first for illegal seizure and recovery of the mobile.
