IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 1282 of 2009(C) ------------------------- PETITIONER(S): --------------- SHAHANAS KUNHI MOHAMED, D/O.KUNHI MOHAMED, MINOR, REP. BY HER NEXT FRIEND AND GUARDIAN FATHER KUNHI MOHAMED, AGED 57, S/O.LATE MOHAMED, SHANIVAS, PUNNAYOORKULAM, THRISSUR DISTRICT. BY ADV. MR.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY THE SECRETARY, TO THE GOVT.EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCTIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 3. THE PRINCIPAL,ICAEHS,VADAKKEKAD, THRISSUR DISTRICT. 4. THE ISLAMIC CULTURAL ASSOCIATION, VADAKKEKAD, REG.134/77,POST-NHAMANGHAT -679563, THRISSUR, REP. BY ITS PRESIDENT MR.M.V.HYDER ALI ADV. MR.RAJIT FOR R3-4 G.P. SMT.T.P.RAMANI FOR R1, 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF RELEVANT PAGES OF THE SCHOOL DIARY. P2 COPY OF THE COMPLIANT FILED BY THE MOTHER OF THE PETITIONER. P3 COPY OF THE COMMUNICATION DT 5.1.09. P4 COPY OF THE LETTER DT 5.1.09. P5 COPY OF RECEIPTS DT 10.7.08. RESPONDENT'S EXHIBITS R4(A) COPY OF THE LETTER DT 13.1.09. TRUE COPY P.A. TO JUDGE HARUN-UL-RASHID, J. ---------------------------------------------- W.P(C) No.1282 of 2009-C --------------------------------------------- Dated this the 10th February, 2009. J U D G M E N T The petitioner is a student of Islamic Cultural Association High School, Vadakkekad. The petitioner is challenging the order passed by the 3rd respondent removing the student from the rolls in the School. The petitioner is a X standard student. The prayer in the Writ Petition is to quash Exhibit P4 order and for a direction to respondents to permit her to write the S.S.L.C final examinations scheduled to be held in March, 2009. 2. In the counter affidavit filed by the 3rd and 4th respondents they have produced Exhibit R4(a) communication from the Principal to the Commissioner for Government Examinations. The said communication referred to the DEO's direction to readmit the petitioner with immediate effect and to initiate urgent action to enable the pupil to appear for the SSLC Examination. On the basis of the direction issued by the DEO, the petitioner was readmitted to the class. In the said communication dated 13.1.2009, the Principal informed the Commissioner for Government Examination that the time limit for enrollment of candidates for the SSLC Examination is already over and the procedural formalities of the examination have been W.P(C) No.1282 of 2009-C 2 completed and requested the Commissioner for Government Examinations to consider the case favourably as a special case and to issue necessary orders to enroll the petitioner as a candidate for the SSLC Examination. From Exhibit R4(a) communication, it is seen that the Principal lend support to the student to enable her to appear for the examination. In the said circumstances, the petitioner withdraw all allegations pleaded in the writ petition. There will be a direction to the Commissioner for Government Examinations to pass appropriate orders on Exhibit R4(a) communication dated 13.1.2009, issued by the Principal within a period of ten days from today. The Writ Petition is disposed of as above. HARUN-UL-RASHID JUDGE ab