IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 6201 of 2008(L) ------------------------- PETITIONER: ------------ SUNNY MATHEW, AGED 44 YEARS, S/O. MATHEW, PUTHIYEDATH HOUSE, THODUPUZHA KARA, THODUPUZHA VILLAGE. BY ADV. SRI.N.K.MOHANLAL RESPONDENTS: ------------- 1. THE DIRECTOR, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, TRIVANDRUM. 2. DIRECTOR, TECHNICAL HIGHER SECONDARY EDUCATION, TRIVANDRUM. 3. PRINCIPAL, TECHNICAL HIGHER SECONDARY EDUCATION, MUTTAM, THODUPUZHA. BY ADV. SRI.N.N.SUGUNAPALAN, SC, IHRDE FOR R1 & R3 SRI.S.SUJIN, SC, IHRD FOR R1 & R3 G.P. SMT.SUDHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 6201/08. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE REPRESENTATION. P2. COPY OF THE POSTAL RECEIT. P3. COPY OF THE JUDGMENT IN W.P.C.NO.1982/07. P4. COPY OF THE POSTAL RECEIPTS. P5. COPY OF THE ENVELOP RETUREND UNSERVED. P6. COPY OF THE LETTER. P7. COPY OF THE RELEVANT PAGES OF SCHOOL DIARY. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.6201 of 2008 ================== Dated this the 29th day of May, 2008 J U D G M E N T The petitioner is a minor student studying in the 3rd respondent's school. According to the petitioner, his son has been kept out of classes on allegations of assault on a fellow student. When he filed this writ petition, an interim order was passed directing the respondents to allow the petitioner's son to appear in the annual examination to be held from 25.2.2008. The petitioner would submit that when the order was forwarded to the 3rd respondent, the same was returned stating that there is no such addressee. Thereafter, the 3rd respondent issued an order removing the petitioner's son from the rolls of the school. The petitioner is now challenging the same. The primary contention of the petitioner is that the orders now passed are without affording an opportunity of being heard to the petitioner or his son. He would submit that this is a matter affecting the future of a minor student and the matter cannot be prolonged any further. He, therefore, seeks urgent orders in the matter. 2. The 3rd respondent has filed a counter affidavit in which it is stated that several complaints have been received w.p.c.6201/08 2 from the parents of other students to the effect that the petitioner's son is constantly harassing other students. He would also point out that probably the interim order was returned because of the mistake in the address. He points out that the address shown in the writ petition is “the Principal, Technical High Secondary Education, Muttam, Thodupuzha” and not “the Principal, Technical Higher Secondary School, Muttom, Thodupuzha”. 3. I have considered the rival contentions in detail. 4. I am also satisfied that the 3rd respondent should take a final decision in the matter expeditiously after affording an opportunity of being heard to the petitioner and his son. This shall be done within a period of two weeks from the date of receipt of a copy of this judgment. It would be open to the 3rd respondent to hear other students and parents also, if he finds it necessary. However, the decision shall be taken and communicated to the petitioner within the above said time. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.6201/08 3