IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 3082 of 2009(P) ------------------------- PETITIONER(S): --------------- MOHAMMED JOUHAR (MINOR), AGED 16 YEARS, S/O.JAMALUDDEEN, KARARI HOUSE, P.O.CHERUMOTH, VIA. VALAYAM, CALICUT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. CONTROLLER OF EXAMINATION, BOARD OF SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. DIRECTOR OF PUBLIC INSTRUCTIONS (DPI), THIRUVANANTHAPURAM. 4. DISTRICT EDUCATION OFFICER, VADAKARA, EDUCATIONAL DISTRICT, OFFICE OF DEO, VADAKARA, CALICUT. 5. HEADMASTER, MIM HIGHER SECONDARY SCHOOL (AIDED) PEROD, CALICUT. BY GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.3082/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1 TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED TO THE PETITIONER BY THE SALALAH SCHOOL AUTHORITIES. EXT.P2 TRUE COPY OF THE COURSE COMPLETION CERTIFICATE DATED 5.5.2008 ISSUED BY THE SCHOOL AUTHORITIES. EXT.P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO HON'BLE MINSITER FORWARDED TO THE FIRST RESPONDENT IN NO.60830/G/3/08 DTD.20.7.2008. EXT.P4 TRUE COPY OF THE REMINDER LETTER DATED 21.1.2009 SENT BY THE PETITIONER'S FATHER TO THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R4(a) LETTER NO.A5-947/09 DTD.6.2.2009. TRUE COPY P.A.TO JUDGE P.N.RAVINDRAN, J. ====================================== W.P.(C)No.3082 of 2009 ====================================== Dated this the 26th day of February 2009 JUDGMENT Heard Sri.Shoby K.Francis, the learned counsel appearing for the petitioner and Smt.T.B.Remani, the learned Government Pleader appearing for the respondents. 2. The petitioner was a former student of MIM Higher Secondary School (Aided), Perode, Kozhikode. While he was studying in the 9th Standard during the academic year 2007-2008, he left the school without obtaining T.C. It appears that thereafter he underwent studies in the 9th Standard at Salalah Private School, obtained Ext.P1 transfer certificate and rejoined the MIM Higher Secondary School in the 10th standard during the academic year 2008-2009. The petitioner thereafter submitted Ext.P3 representation dated 20.7.2008 to the Hon'ble Minister for Education requesting that he may be allowed to continue his studies in the 10th standard. The Hon'ble Minister forwarded Ext.P3 to the Secretary to Government. The petitioner thereafter submitted Ext.P4 petition to the District Educational Officer praying that he may be permitted to appear for the 10th standard examination to be held in March 2009. It is now brought to my notice that by Ext.R4(a) dated 6.2.2009, the District Educational Officer has rejected the said request. It is also brought to my notice that the Government have by order passed on 4.2.2009 W.P.(C)No.3082 of 2009 2 rejected the request made by the petitioner in Ext.P3 on the short ground that the petitioner has instituted this Writ Petition in this Court. 3. It is not in dispute that the petitioner discontinued his studies in the school and his name was removed from the rolls of the school. The petitioner left the school to continue his education at Salalah Private School. However, he did so without obtaining a T.C. He rejoined the school in the 10th Standard in the academic year 2008-2009. Rule 16 Chapter VI of the Kerala Education Rules mandates that a student, whose name has been removed from the rolls can be readmitted only in the class in which he was studying at the time of removal. Therefore the District Educational Officer cannot be faulted for rejecting the petitioner's request in Ext.P4. 4. However Rule-3 of Chapter I of the Kerala Education Rules empowers the Government to dispense with or relax the requirements of the provisions of the Kerala Education Rules. It was invoking the said power that the petitioner submitted Ext.P3 representation before the Hon'ble Minister which was forwarded to the Secretary to Government. The learned Government Pleader submits that the said request has been rejected on the short ground that this writ petition is pending in this Court. In my view, the pendency of Writ Petition did not stand in the way of the W.P.(C)No.3082 of 2009 3 Government exercising the power under Rule 3 of Chapter I of the KER, if the circumstances warranted exercise of such power. 5. In these circumstances, I direct the Government to reconsider the request made by the petitioner in Ext.P3 and pass orders thereon, on the merits after affording the petitioner's father and guardian, who has filed this Writ Petition, an opportunity of being heard. The entitlement of the petitioner to appear for the SSLC Examination and his admission to the 10th Standard, will depend on the order to be passed by the Government. Since the SSLC examination is fast approaching, the Government shall pass orders in the matter within two weeks from the date on which the petitioner produces a certified copy of this judgment. This Writ Petition is disposed of as above. No costs. P.N.RAVINDRAN, JUDGE css/