IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 19143 of 2008(D) -------------------------- PETITIONER: ------------------- ABBAS, AGED 14 YEARS,(MINOR) REPRESENTED BY HIS FATHER - GUARDIAN, HAMZA, S/O KUNHIMOHAMMED, POROOR, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT. 3. THE HEADMASTER, GOVERNMENT HIGH SCHOOL, POROOR, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 19143 OF 2008 ............................................................................ Dated this the 16th July, 2008 J U D G M E N T The petitioner, while studying in Standard IX in the Government High School, Poroor, in Malappuram district, is alleged to have made certain comments to a lady teacher by name Sumayya. The petitioner was not allowed to appear for the annual examination except paper No.1/first examination. It is stated that when the petitioner's father made enquiry with the Headmistress as to why the petitioner was not allowed to appear for the examination, he was told that the petitioner would be promoted to 10th standard and that he was kept out of the school only to maintain discipline in the school. After re-opening of the school in the first week of June, it is stated that the petitioner was not allowed to attend the class and he was informed that he was expelled from the rolls of the school. The father of the petitioner submitted Ext. P1 representation dated 16.06.2008 to the District Educational Officer requesting to take appropriate action in the matter and to allow the petitioner to continue his study in the school after promoting him to the next class. It is stated in the Writ Petition that the other three students , who were also alleged to be involved in the incident were re- admitted in the school. The contention of the petitioner is that he is prepared to apologize for the mistakes on his part in any manner that may be suggested by the Headmistress or the Parent Teachers' Association. 2. The reliefs prayed for in the Writ Petition are the following: i) Issue a writ of mandamus or any other appropriate writs, W.P.(C) No. 19143 OF 2008 2 orders or directions commanding the respondents 2 and 3 to permit the petitioner to continue his studies in the Government High School, Poroor, forthwith, without any further delay. ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 3rd respondent to re-admit the petitioner in Government High School, Poroor, forthwith. iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. “ Going through the averments in the Writ Petition and after hearing learned counsel for the petitioner and learned Government Pleader, I am of the view that the reliefs prayed for in the Writ Petition, as such, cannot be granted. At the same time, Ext.P1 representation pending before the District Educational Officer requires to be disposed of by him. The District Educational Officer shall issue notice to the petitioner, his father, the Headmistress, the teacher concerned and the office bearers of the Parent Teachers' Association, and at the first instance, try to solve the problem in an amicable manner. If it is not possible, let the District Educational Officer consider Ext. P1 representation on the merits and take appropriate decision. Steps in this regard shall be taken immediately. Final decision/orders shall be taken/passed within a period of two weeks from the date of receipt of a copy of the judgment. It is made clear that I have not expressed any opinion on the merits of the contentions put forward in Exhibit P1 representation. K.T. SANKARAN, JUDGE. W.P.(C) No. 19143 OF 2008 3 lk