IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 33176 of 2009(N) ---------------------------------------- PETITIONER(S): ------------------------- 1. VIJAYAPRAKASH, (MINOR), S/O.VISHNU SANKAR, REPRESENTED BY VISHNU SANKAR, MEENA NIVAS, VADANAMKURUSSI, OTTAPPALAM, PALAKKAD-679 124. 2. RAVEESH.M, (MINOR), S/O.RAMAKRISHNAN, REPRESENTED BY RAMAKRISHNAN, MEACHITHARA, VADANAMKURUSSI, OTTAPPALAM, PALAKKAD. 3. ABHILASH, (MINOR), S/O.AYYAPPAN, REPRESENTED BY AYYAPPAN, ANCHATHANMARIN HOUSE, KALLADIPPATTA POST, OTTAPPALAM, PALAKKAD. 4. SYAMASUNDHER, (MINOR), S/O.SUNDARAN, REPRESENTED BY SUNDARAN, KUNDUTHODY, KALLADIPATTA, OTTAPPALAM, PALAKKAD. BY ADVS. MR.G.SREEKUMAR (CHELUR), MR.K.RAVI (PARIYARATH). RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., EDUCATION DEPARTMENT, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-12. 3. THE DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPALLY, ERNAKULAM. 4. THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, VADANAMKURUSSI, PALAKKAD-679 124. R1 TO R4 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.33176 OF 2009 --------------------------------------- Dated this the 13th day of January, 2010. J U D G M E N T The petitioners are aggrieved by the proposed transfer from the Institution on certain grounds. By interim order dated 01.12.2009, this Court directed the Deputy Director of Higher Secondary Education to look into the entire facts and file a report whether the petitioners could be given an opportunity to save loss of academic year. Accordingly, a report has been submitted by the Deputy Director. In the report, it is suggested that a readmission can be permitted on the following conditions: “(1) All these students shall tender their unconditional apology before the Principal, the staff of the school and before the students of the school for their misdeeds and undertaking that they will not repeat the same in future. (2) One of the parents of these students shall be present in the school for atleast 10 days immediately preceeding their readmission and should watch the character of the students. W.P.(C) No.33176/2009 2 (3) The parents of the above students shall give an undertaking before the school authorities that in case, any indiscipline are shown by their ward, they will get TC from the school without delay not considering the loss of one academic year of their ward”. 2. Learned Government Pleader on getting instructions from the Principal submitted that the petitioners can be readmitted on the basis of the said conditions proposed by the Deputy Director in his report. It is submitted by the learned counsel for the petitioners that the petitioners are agreeable for the said course. 3. What remains is the question of condoning the absence of the petitioners. Evidently, the statutory authority conferred with the power will have to look into the matter and if the petitioners move such an application after getting readmission, the same will be considered after considering various aspects and the circumstances under which the petitioners could not attend the classes. This writ petition is disposed of directing the 4th respondent W.P.(C) No.33176/2009 3 to grant readmission to the petitioners without further delay, on production of a copy of this judgment in terms of conditions 1 to 3 incorporated in the report of the Deputy Director of Higher Secondary Education, shown above. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp