IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 24145 of 2009(K) -------------------------------- PETITIONERS: ---------------- 1. T.J.SIMON, PRINCIPAL, ST.JOSEPH'S ENGLISH MEDIUM HSS, ERAVU P.O., THRISSUR. 2. FR.JOY KOLLANNUR, MANAGER, ST.JOSEPH'S ENGLISH MEDIUM HSS, ERAVU P.O., THRISSUR. BY MR.K.B.GANGESH, ADVOCATE. MS.SMITHA CHATHANARAMBATH, ADVOCATE. RESPONDENTS: ------------------ 1. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM. 2. MASTER MUHAMMED AJMAL-MINOR REP. BY HIS FATHER-P.B.KHALID, POOVATHINGAL HOUSE, II/604/1, ALL INDIA RADIO ROAD, RAMAVARMAPURAM, THRISSUR-31. BY MR. MUHAMMOOD T.T., SR.GOVERNMENT PLEADER. MR.JIJO PAUL, ADVOCATE FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.24145/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER PASSED BY R1 DTD. 10.8.09. EXT. P2 : COPY OF STATEMENT OF MASTER SUBIN FRANCIS DTD. 8.6.09. EXT. P3 : COPY OF STATEMENT OF R2 DTD. 8.6.09. EXT. P4 : COPY OF STATEMENT OF JINEESH KUMAR DTD. 8.6.09. EXT. P5 : COPIES OF STATEMENTS OF MASTER DAVID K. VARGHESE AND MASTER RAHUL KRISHNA WHO WITNESSED THE INCIDENT. EXT. P6 : COPIES OF STATEMENTS OF MASTER DAVID K.VARGHESE AND MASTER RAHUL KRISHNA WHO WITNESSED THE INCIDENT. EXT. P7 : COPY OF LETTER DTD. 8.6.09 PREFERRED BY 7 SHOP OWNERS IN FRONT OF the SCHOOL. EXT. P8 : COPY OF COMPLAINT PREFERRED BY PRESIDENT OF PTA ON 13.6.09. EXT. P9 : COPY OF TRANSFER CERTIFICATE ISSUED TO MASTER SUBIN FRANCIS ON 11.6.09. EXT. P10 : COPY OF COMPLAINT PREFERRED BY R2'S FATHER TO R1 ON 20.6.09. EXT. P11 : COPY OF JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) No.18449/09 DTD. 7.7.09. EXT. P12 : COPY OF REPLY DTD. 2.7.09 BY 1ST PETITIONER TO R1. EXT. P13 : COPY OF HEARING NOTE SUBMITTED TO R1 BY 1ST PETITIONER ON 25.7.09. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.24145 OF 2009 --------------------------------------- Dated this the 28th day of August, 2009. J U D G M E N T The 1st petitioner is the Principal and the 2nd petitioner is the Manager of St.Joseph's English Medium HSS, Eravu in Thrissur District. They are aggrieved by the order Exhibit P1 passed by the Regional Deputy Director of Higher Secondary Education whereby directions have been issued to allow one student Master Muhammed Ajmal to continue his studies of Plus 2 course in the school. The issue regarding his continuance had to be decided by the Regional Deputy Director, when the student along with some other students were subjected to disciplinary action. 2. Presently, in the light of the agreement between the parties, I am not going to the details of the incident etc. The father of the 2nd respondent has filed an affidavit, as directed by this Court, stating that his son is willing to express sincere apology in respect of the incidents referred to in the writ petition. He is also willing to withdraw all the allegations made against the W.P.(C) No.24145/09 2 Management during the pendency of the dispute. 3. Exhibit R2(a) is the letter addressed to the Principal in the matter. Learned counsel for the petitioners submitted that the apology offered as per Exhibit R2(a) is acceptable to them since the 2nd respondent is also unconditionally withdrawing all the allegations made against the Management after the incident and in accordance with the disciplinary proceedings against the students. In that view of the matter, the 2nd respondent will present the original of Exhibit R2(a) before the Principal and on receipt of the same, the Principal will take appropriate action to implement the order Exhibit P1 by allowing the student to continue his studies. The legal issues raised in the writ petition are left open. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp