IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 18748 of 2009(K) -------------------------------- PETITIONER: -------------- T.M.SHAJAHAN, S/O.MOIDEEN MOULA, AGED 48, THOPPIL HOUSE, MANNAM P.O., KOCHI - 683 520. BY MR.S.SREEKUMAR, ADVOCATE. MR.P.MARTIN JOSE, ADVOCATE. MR.P.PRIJITH, ADVOCATE. MR.S.VAIDYANATHAN, ADVOCATE. RESPONDENTS: ------------------ 1. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY SCHOOL, ERNAKULAM. 2. THE PRINCIPAL, ISLAMIC HIGHER SECONDARY SCHOOL, ALUVA. BY MR.DINESH R.SHENOY, ADVOCATE, FOR R2. MR. T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18748/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF 1ST YEAR H.S.E. RESULTS 2009 EXT. P2 : COPY OF REPRESENTATION DTD. 1.7.09 SUBMITTED BY THE PETITIONER BEFORE R1. 2ND RESPONDENT'S EXHIBITS: EXT. R2(a) : COPY OF REPORT OF ENQUIRY DTD. 29.9.08 SUBMITTED BY COMMITTEE CONSTITUTED ON 22.9.08. EXT. R2(b) : COPY OF RESOLUTION OF THE STAFF OF ISLAMIC HIGHER SECONDARY SCHOOL. EXT. R2(c) : COPY OF LETTER DTD. 3.10.08 ISSUED BY MANAGER, EDUCATIONAL BOARD, IHSS. EXT. R2(d) : COPY OF LETTER DTD. 3.10.08 ISSUED BY PTA, IHSS. EXT. R2(e) : COPY OF LETTER DTD. 13.10.08 ISSUED BY PRINCIPAL, IHSS. EXT. R2(f) : COPY OF LETTER DTD. 22.10.08 ISSUED BY MANAGER, EDUCATION BOARD, IHSS. EXT. R2(g) : COPY OF REPRESENTATION SUBMITTED BY PETITIONER DTD. 14.11.08 BEFORE JAMA ATH COUNCIL. EXT. R2(h) : COPY OF REPRESENTATION SUBMITTED BY SALIM BABA DTD. 14.11.08 BEFORE THE JAMA ATH COUNCIL. EXT. R2(i) : COPY OF LETTER DTD. 28.11.08 ISSUED BY ALUVA MUSLIM JAMA ATH COUNCIL. EXT. R2(j) : COPY OF LETTER DTD. 29.11.08 SUBMITTED BY PETITIONER. EXT. R2(k) : COPY OF LETTER DTD. 10.10.08 ISSUED BY SRI.K.N.FAROOK. EXT. R2(l) : COPY OF LETTER DTD. 15.10.08 ISSUED BY SRI.V.S.ABDUL JABBAR, ACTING FOR THE PETITIONER. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18748 OF 2009 --------------------------------------- Dated this the 29th day of July, 2009. J U D G M E N T This writ petition is filed seeking for a direction to the second respondent to see that the son of the petitioner is allowed to continue his studies in the school for the 2nd year Higher Secondary course. The petitioner's son was studying in Plus 1 in the group Commerce main and Arabic as 2nd language. Exhibit P1 shows that he has passed the examination with an aggregate of 54% marks. 2. The petitioner has narrated certain incidents which have occurred in the school during the previous academic year in paragraphs 2 to 4 of the writ petition. It is contended that his son is innocent in the matter. It is also submitted that presumably in the light of the said incidents, his son is not promoted to the 12th standard and the authorities are compelling him to obtain Transfer Certificate. W.P.(C) No.18748/2009 2 3. A detailed counter affidavit has been filed by the 2nd respondent in the matter justifying the non-admission of the petitioner's son. Mainly it is contended that various unpleasant incidents have occurred in the school and the matter was enquired into by a 13 member Committee and six students including the petitioner's son have been found to be involved in those incidents resulting in the acts of violence both inside and outside the school on various occasions, and the decision not to admit those students for the 12th standard has been taken after elaborately considering various aspects. It is contended that the petitioner's son has not been singled out for a separate treatment as all other three students have obtained Transfer Certificate from the school. 4. The petitioner has already moved the first respondent by filing Exhibit P2 representation. In the light of the contesting claims on other side, this Court may not be justified in entering into any findings on the disputed questions of fact. W.P.(C) No.18748/2009 3 Therefore, the first respondent is directed to take a decision on Exhibit P2, after hearing the petitioner, the second respondent and the Management of the school, within a period of three weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp