IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 20991 of 2008(Y) -------------------------- PETITIONER: -------------------- ADITHYANATH, AGED 14 UEARS, S/O.SWAMINATH, BHARGAVI VILLA KARUVATTA , ALAPPUZHA, REP. BY CHELLAMMA AGED 58 (MOTHER, NATURAL GUARDIAN) W/O.SWAMINATH, BHARGAVI VILLA. KARUVATTA,ALAPPUZHA BY ADV. SRI.S.MOHANAN RESPONDENTS: ------------------------- 1. DIRECTOR, HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING SANTHI NAGAR, THIRUVANANTHAPURAM 2. THE DEPUTY DIRECTOR(EDUCATION), DEPUTY DIRECTOR'S OFFICE, ALAPPUZHA 3. THE PRINCIPAL NSS HASS, KARUVATTA ALAPPUZHA BY GOVERNMENT PLEADER ADV. SHRI A.J.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 20991 OF 2008 ............................................................................ Dated this the 11th July, 2008 J U D G M E N T In the manner in which I propose to dispose of the Writ Petition, I do not think it is necessary to issue notice to the third respondent. Government Pleader takes notice for respondent Nos. 1 and 2. 2. The petitioner was admitted in Standard XI in the N.S.S. Higher Secondary School, Karuvatta in the academic year 2007-08. The petitioner was studying upto S.S.LC. in Gurukul Junior High School, Sadar P.O. in U.P. The transfer certificate issued by the school concerned was also produced at the time of school admission. It was found that the petitioner had not attained the required age for admission to Plus One course and therefore, the third respondent, Principal issued Ext. P5 order dated 22.12.2007 ousting the petitioner from the school. The petitioner could not continue his studies during the academic year 2007-08 , it is stated. Even now, he has not attained the age of 15 years. Ext.P7 representation was submitted to the Director of Higher Secondary Education (first respondent) by the mother of the petitioner ( guardian of the petitioner) pointing out the facts and circumstances of the case and praying that the petitioner may be allowed to join in Standard XI, if necessary , by relaxing the age limit. Ext.P7 is pending disposal before the first respondent. 3. The reliefs prayed for in the Writ Petition are the following: “i) to issue a writ of certiorari or any other appropriate writ or W.P.(C) No. 20991 OF 2008 2 direction to call for the records leading to Exhibits P5 and P7 and direct the respondents to allow the petitioner Adithyanath to join and to continue his studies in 11th standard in the 3rd respondent's school. ii) to issue a writ of mandamus or any other appropriate writ order or direction directing the 3rd respondent to permit the petitioner to continue in the same class in which he was studying ; iii) to pass such other orders, which are deemed fit and proper in the interest of justice; and iv0 Allow this Writ Petition with costs.” 4. Learned counsel for the petitioner submits that the petitioner would be satisfied, for the time being, if a direction is issued to the first respondent, Director of Higher Secondary Education to dispose of Ext. P7 representation, after affording an opportunity of being heard to the petitioner's mother (guardian). The request is just and reasonable. Since Ext. P7 representation is pending consideration before the Director of Higher Secondary Education, it is necessary to dispose of Ext.P7 . In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: i) The first respondent-Director of Higher Secondary Education is directed to dispose of Ext. P7 representation dated 17.06.2008, as expeditiously as possible and at any rate, within a period of one month from the date of receipt of a copy of the judgment. W.P.(C) No. 20991 OF 2008 3 ii) The petitioner shall produce a copy of the judgment and a copy of the Writ Petition before the first respondent, the Director of Higher Secondary Education. iii) Since the Writ Petition is disposed of without issuing notice to the third respondent, the petitioner shall send a copy of the judgment to the third respondent by registered post and shall produce proof of the same before the first respondent. K.T. SANKARAN, JUDGE. lk