IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 5963 of 2011(U) ------------------------------------- PETITIONER(S): ----------------------- 1. MOHAMMAD ASKAR AGED 16 YEARS, S/O.ABDULLA, STATNDARD VIII C (MALAYALAM MEDIUM) GHSS ADHUR, (MINOR)REPRESENTED BY HIS FATHER ABDULLA, RAHMATH NAGAR,P.O.ADHUR, KASARAGOD, 2. MOHAMMED SINAN,S/O.M.T.ASSAINA STANDARD VIII C (MALAYALAM MEDIUM) GHSS ADHUR, (MINOR)REP.BY HIS FATHER M.T.HASSAINAR, MANHAMPARA HOUSE, P.O.KUNTAR ,KASARAGOD BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): --------------------------- 1. HEAD MASTER, G.H.S.S. ADHUR ADHUR P.O.,KASARAGOD - 671 543 2. DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR, COLLECTORATE COMPLEX,P.O.VIDYANAGAR KASARAGOD-671 123 3. DISTRICT EDUCATION OFFICER, KASARAGOD EDUCATIONAL DISTRICT NEAR TALUK OFFICE, P.O.KASARAGOD-671 123 4. SRI.MOHAMMED PATAN, P.T.A.PRESIDENT GHSS ADHUR,P.O.ADHUR,KASARAGOD-671543 R1 & R4 BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA R2 & R3 BY SENIOR GOVERNMENT PLEADER SRI.T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.5963/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LAWYER NOTICE SENT TO THE RESPONDENT DATED 30/12/2010 ON BEHALF OF PETITIONERS. P2 COPY OF THE REPLY NOTICE SENT BY 2ND RESPONDENT DATED 14/1/2011. P3 COPY OF THE APPLICATION DATED 18/2/2011 SUBMITTED ON BEHALF OF THE 1ST PETITIONER TO THE HEAD MASTER AS CHAPTER-VI RULE 16 OF KERALA EDUCATION RULES. P4 COPY OF THE APPLICATION DATED 18/2/2011 SUBMITTED ON BEHALF OF THE 2ND PETITIONER TO THE HEAD MASTER AS CHAPTER-VI RULE 16 OF KERALA EDUCATION RULES. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT DATED 24/11/2010. R1(B) COPY OF THE DECISION OD THE SCHOOL ETHICS COMMITTEE DATED 7/12/2010. R1(C) COPY OF THE RESOLUTION OF THE PTA MEETING DATED 20/12/2010. /TRUE COPY/ P.A.TO.JUDGE sts T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.5963 Of 2011-U ----------------------------------------------------- DATED THIS THE 10th DAY OF MARCH, 2011 J U D G M E N T The petitioners are students in VIII standard in the Government Higher Secondary School, Adhur. They have approached this Court by filing this Writ Petition through their guardian, their father. 2. In the Writ Petition, the main prayer is to direct the 1st respondent-School to allow the petitioners to attend the regular classes. A declaration is also sought that the decision of the 1st respondent in disallowing the petitioners to attend the regular classes and thereafter removing them from the roll of the school invoking rule 15(iii) of Chapter VI of the Kerala Educational Rules is illegal and arbitrary. A further prayer is sought to direct the 1st respondent to consider and pass orders on Exhibits P3 and P4 applications. 3. This is a case where the petitioners are alleged to have harassed a student. The said allegation led to disciplinary action as the parent of the said student, namely, Mohammed Ashraf W.P.(C)No. 5963/11 -2- complained that matter to the authorities concerned. Presently, the school authorities as well as the Parent Teacher Association have gone against the students concerned(petitioners herein). 4. Along with the counter affidavit filed, the Headmaster has produced a decision of the Ethics Committee of the school as Exhibit R1(b) and the resolution of PTA in its meeting held on 20.12.2010 as Exhibit R1(c). They were allowed to obtain Transfer Certificates after removing their names from the rolls. 5. Apparently, the authorities of the school took the stand that the petitioners cannot be allowed to continue their studies in the school, since it may affect the peaceful atmosphere of the school as well as its sanctity. It is also stated that Exhibits P3 and P4 applications have not been received by the 1st respondent. 6. The learned counsel appearing for the 1st respondent submitted that the school is prepared to issue transfer certificates to the petitioners so that they can continue their studies in some other schools. 7. In the light of the fact that the stand taken by the 1st respondent and the PTA for re-admission of the petitioners in the W.P.(C)No. 5963/11 -3- school is totally against the petitioners, it will be in the interest of the students to get Transfer Certificates for them to seek admission in some other schools. Therefore, to give a quietus to the issue, there will be a direction to the 1st respondent to issue the Transfer Certificates and Conduct Certificates to the petitioners for enabling them to join any other school. The same will be issued within a period of ten days from today. The Writ Petition is disposed of as above. ( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge