IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 1007 of 2011(A) ------------------------------------- PETITIONER: ------------------- ABDUL VAHAB AHAMMED A.P., S/O.THAJUDEEN, AGED 19 YEARS, MUKKUNNATH HOUSE, BARA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU. RESPONDENTS: ------------------------ 1. THE SECRETARY, BOARD OF HIGHER SECONDARY EXAMINATIONS, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM. PIN: 695 001. 2. BOARD OF HIGHER SECONDARY EXAMINATIONS, REPRESENTED BY ITS SECRETARY, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM PIN: 695 001. 3. THE PRINCIPAL, G.H.S.S. CHEMMANAD, CHEMMANAD P.O. KASARAGOD DISTRICT. PIN: 671 317. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN: 695 001. R4 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.1007 Of 2011 ----------------------------------------------------- DATED THIS THE 27th DAY OF JANUARY, 2011 J U D G M E N T The petitioner is aggrieved by Exhibit P3 memo whereby he has been debarred from appearing for the Higher Secondary Examination for a period of three years from March, 2011. 2. The order is passed on the plea that an irregularity has been committed in the +1 Improvement Higher Secondary Examination held in August, 2010. 3. The learned counsel for the petitioner submitted that the order of punishment has been effected without following the principles of natural justice. It is pointed out that the information given by the Principal was based on a statement by another person which is also incorrect. 4. The learned Government Pleader on instructions submitted that Exhibit P3 is only of a provisional nature and due enquiry will be conducted by the Regional Deputy Director (Higher Secondary), Kozhikode and an opportunity will be given to the petitioner in the matter. Therefore, the Writ Petition is disposed of directing the competent authorities to give all W.P.(C)No.1007/11 -2- opportunities to the petitioner to set up his defence and if any punishment is imposed, the petitioner will be given a show cause notice in the matter. The enquiry will be conducted expeditiously, at any rate, within a period of three months. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge