IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 6782 of 2011(W) -------------------------------------- PETITIONER: ------------------- FEBIN GEORGE, S/O. GEORGE, AGED 17 YEARS, CHIRAYATH HOUSE, PRASHANTH NAGAR, ERUVELY, CHOTTANIKKARA P.O., ERNAKULAM-682 312, REPRESENTED BY HIS MOTHER AND GUARDIAN MRS. REETHA GEORGE, AGED 38 YEARS, W/O. GEORGE, -DO- -DO- BY ADVS. SRI.R.PADMARAJ, SRI.K.M.VIKAS, SRI.P.J.ANTONY JOSEPH MARIADAS. RESPONDENTS: ------------------------ 1. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM, PIN – 695 001. 2. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, EDAPPALLY RAGHAVAN PILLAI ROAD, DEVANKULANGARA, EDAPPALLY, ERNAKULAM, PIN – 682 024. 3. THE PRINCIPAL, MAR BASIL HIGHER SECONDARY SCHOOL, KOTHAMANGALAM, PIN – 682 331. R1 & R2 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6782 OF 2011 --------------------------------------- Dated this the 8th day of March, 2011. J U D G M E N T The petitioner, a student of Mar Basil Higher Secondary School, Kothamangalam is seeking for a direction to allow him to appear for the Plus 2 examination this year. The narration of facts in the writ petition show that the petitioner was having various activities including sports. It is pointed out that the petitioner has already appeared for the Plus 1 examination and has succeeded in all the papers. 2. In paragraphs 3 and 4, the petitioner has narrated certain incidents which ultimately resulted in certain proceedings against him on the part of the 3rd respondent. The petitioner, therefore, submits that he will not be allowed to appear for the examination in the school in the light of the said incidents. 3. On receipt of notice of this Court, the 3rd respondent Principal appeared in person. It is submitted that the petitioner being a sports man was given free boarding, free sports practice W.P.(C) No.6782/2011 2 and free accommodation for more than one year. But, all these have to be withdrawn as he did not participate in the State Amateur Meet and because of the disobedient and irresponsible way of functioning. It is stated by the Principal that ultimately he had to be expelled from the sports team because he misbehaved with a girl student who was also an athlete. 4. Certain other incidents are also narrated by the Principal which ultimately lead to expulsion of the petitioner from the school from September 28, 2010 onwards. It is the case of the 3rd respondent that the parents of the petitioner consented to the decision and signed below in the punishment register accepting the same. It is pointed out that any readmission of the petitioner in the school at this stage will only demoralize the other students of the school and will hamper the smooth functioning of the school. It is further pointed out that the petitioner will be able to write the examination in the next year as a private student. 5. In the light of the factual position stated above, it cannot be said that the petitioner has been wrongly detained from participating in the examination or that any arbitrary action has W.P.(C) No.6782/2011 3 been taken by the authorities of the school. It is only in enforcement of the discipline, the petitioner has been expelled from the school and that only because of the alleged incidents involved by him. For all these reasons, this writ petition is dismissed recording the submission of the 3rd respondent that the petitioner will be allowed to write the examination in the next year as a private student. T.R. RAMACHANDRAN NAIR JUDGE smp