IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 28018 of 2010(B) ----------------------------------------- PETITIONER(S): ------------------------ MOHAMMED SHAFFI K.U., S/O. K.K.UBAID, AGED 16 YEARS, HOUSE NO.6/1382, NEW ROAD, KOCHI - 2, REPRESENTED BY HIS FATHER AND NEXT FRIEND K.K.UBAID, S/O. KOMA, AGED 44, HOUSE NO.6/1382, NEW ROAD, KOCHI - 2. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): -------------------------- 1. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM. 2. THE ASSIA BAI HIGHER SECONDARY SCHOOL, MATTANCHERY, KOCHI-2,REPRESENTED BY ITS PRINCIPAL. *ADDL.R3 IMPLEADED: R3. CONTROLLER OF EXAMINATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 21/02/2011 IN I.A.NO.2689/2011) R1 & ADDL.R3 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA R2 BY ADVS. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28018/2010 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE 1ST YEAR RESULTS OF THE PETITIONER DOWN LOADED THROUGH INTERNET AND PUBLISHED BY THE DIRECTORATE OF HIGHER SECONDARY EDUCATION, GOVERNMENT OF KERALA. P2: COPY OF THE REPRESENTATION DTD. 13/07/2010 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P3: COPY OF THE PROCEEDINGS DTD. 5/08/2010 O F THE 1ST RESPONDENT. P4: COPY OF THE REPRESENTATION DTD. 13/07/2010 SUBMITTED BY THE PLUS TWO COMMERCE STUDENTS OF THE 2ND RESPONDENT SCHOOL BEFORE THE 1ST RESPONDENT. P5: COPY OF THE COMMUNICATION DTD. 6/10/2010. P6: COPY OF THE COMPLAINT DTD. 13/07/2010 FILED BY ME BEFORE THE HEALTH OFFICER, CORPORATION OF KOCHI. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE FITNESS CERTIFICATE DTD. 31/05/2010. R2(B): COPY OF THE LETTER OF THE CO-STUDENTS DTD. 29/09/2010. R2(C): COPY OF THE DECISION OF THE P.T.A. DTD. 21/06/2010. R2(D): COPY OF THE STATEMENT OF THE TEACHERS DTD. NIL . /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28018/2010-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of February, 2011 J U D G M E N T The petitioner herein, a Plus Two Commerce student under the second respondent-School, filed this writ petition seeking for issuance of a writ of certiorari and for quashing Ext.P3 proceedings and for a direction to reconsider Ext.P2 representation filed by the petitioner afresh. 2. By Ext.P3, the first respondent refused to interfere with the disciplinary action taken by the School authorities. 3. The second respondent has filed a counter affidavit also. 4. The learned counsel for the petitioner submitted that the petitioner may be allowed to appear for the ensuing Plus Two examination as otherwise, it may cause undue hardship to the student. 5. The learned counsel for the second respondent submitted that the petitioner has not been attending classes from June, 2010 onwards, has not done any assignment for any project work, did not attend any W.P.(C). No.28018/2010 -:2:- class examination and has not applied for appearing the examination also. Therefore, it is submitted that the petitioner may have to get appropriate orders from the first respondent who is competent to take a decision in the matter. 6. The learned counsel for the petitioner submitted that the petitioner will file appropriate application before the first respondent within a period of one week and, according to the learned counsel, if the second respondent co-operates, the first respondent will be able to give facility to write the examination. Therefore, on the petitioner filing appropriate representation within a period of one week, the first respondent will take appropriate decision after hearing the second respondent within a further period of two weeks. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms