IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 29187 of 2010(W) -------------------------- PETITIONER(S): --------------- SYAM MOHAN, AGED 17 YEARS, S/O. MOHANAN PILLAI, STUDENT SREE NARAYANA CENTRAL SCHOOL, KAYAMKULAM, ALAPPUZHA DIST. MINOR REP. BY THE FATHER AND NATURAL GUARDIAN MOHANAN PILLAI, SYAMAM, BEHID B.B.H.S., NAGIARKULANGARA.P.O., HARIPPAD VIA,ALAPPUZHA DIST. BY ADV. SRI.G.BENO RESPONDENT(S): --------------- 1. THE PRINCIPAL, SREE NARAYAN CENTRAL SCHOOL, KAYAMKULAM, ALAPPUZHA DIST. PIN-690502. 2. T.K. KANAKALATHA, VICE PRINCIPAL, SREE NARYANA CENTRAL SCHOOL, KAYAMKULAM, ALAPPUZHA DIST. PIN-690502. 3. THE CHAIRMAN, MANGEMENT COMMITTEE, SREE NARAYAN CENTRAL SCHOOL, KAYAMKULAM, ALAPPUZHA DIST. PIN-690502. 4. THE PRESIDENT, SREE NARYAN SAMSKARIKA SAMITHY, KAYAMKULAM, KARTHIKAPALLY TALUK UNIT, ALAPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.29187 OF 2010(W) -------------------------------------------------- Dated this the 22nd day of September, 2010 J U D G M E N T A student facing disciplinary action initiated by the Principal of the School is the petitioner in this writ petition. Challenge in this writ petition is against the whole disciplinary proceedings. 2. Pleadings in the writ petition show that based on the report received from the police, petitioner was placed under suspension and Ext.P2 memo of charges was issued to him. On receipt of Ext.P2 memo of charges petitioner submitted his explanation and an Enquiry Committee was appointed. Enquiry was conducted, report was submitted to the disciplinary authority and based on which show cause notice was issued and explanation was also filed. The disciplinary authority has not taken any final decision in the matter. It is at this stage that the writ petition is filed. 3. In my view, the writ petition is premature for the reason that the disciplinary authority has not taken any final decision adverse to the petitioner and only after concluding the case and only if the decision of the disciplinary authority is against the WPC.No. 29187/2010 :2 : petitioner, he can invoke the remedy available under Article 226 of the Constitution of India. Therefore, the writ petition is dismissed as premature. (ANTONY DOMINIC) JUDGE vi/