IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20991 of 2008(Y)
1. ADITHYANATH, AGED 14 UEARS,
... Petitioner
Vs
1. DORECTPR, SECONDARY EDUCATION
... Respondent
2. THE DEPUTY DIRECTOR(EDUCATION), DEPUTY D
3. THE PRINCIPAL NSS HASS, KARUVATTA
For Petitioner :SRI.S.MOHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/07/2008
O R D E R
K.T. SANKARAN, J.
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W.P.(C) No. 20991 OF 2008
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Dated this the 11th July, 2008
J U D G M E N T
In the manner in which I propose to dispose of the Writ Petition, I do not think it
is necessary to issue notice to the third respondent. Government Pleader takes notice
for respondent Nos. 1 and 2.
2. The petitioner was admitted in Standard XI in the N.S.S. Higher Secondary
School, Karuvatta in the academic year 2007-08. The petitioner was studying upto
S.S.LC. in Gurukul Junior High School, Sadar P.O. in U.P. The transfer certificate
issued by the school concerned was also produced at the time of school admission. It
was found that the petitioner had not attained the required age for admission to Plus
One course and therefore, the third respondent, Principal issued Ext. P5 order dated
22.12.2007 ousting the petitioner from the school. The petitioner could not continue his
studies during the academic year 2007-08 , it is stated. Even now, he has not attained
the age of 15 years. Ext.P7 representation was submitted to the Director of Higher
Secondary Education (first respondent) by the mother of the petitioner ( guardian of
the petitioner) pointing out the facts and circumstances of the case and praying that the
petitioner may be allowed to join in Standard XI, if necessary , by relaxing the age limit.
Ext.P7 is pending disposal before the first respondent.
3. The reliefs prayed for in the Writ Petition are the following:
“i) to issue a writ of certiorari or any other appropriate writ or
W.P.(C) No. 20991 OF 2008
2
direction to call for the records leading to Exhibits P5 and P7
and direct the respondents to allow the petitioner Adithyanath to
join and to continue his studies in 11th standard in the 3rd
respondent’s school.
ii) to issue a writ of mandamus or any other appropriate writ
order or direction directing the 3rd respondent to permit the
petitioner to continue in the same class in which he was
studying ;
iii) to pass such other orders, which are deemed fit and proper
in the interest of justice; and
iv0 Allow this Writ Petition with costs.”
4. Learned counsel for the petitioner submits that the petitioner would be
satisfied, for the time being, if a direction is issued to the first respondent, Director of
Higher Secondary Education to dispose of Ext. P7 representation, after affording an
opportunity of being heard to the petitioner’s mother (guardian). The request is just
and reasonable. Since Ext. P7 representation is pending consideration before the
Director of Higher Secondary Education, it is necessary to dispose of Ext.P7 .
In the facts and circumstances of the case, the Writ Petition is disposed of in the
following manner:
i) The first respondent-Director of Higher Secondary Education is directed to
dispose of Ext. P7 representation dated 17.06.2008, as expeditiously as possible and at
any rate, within a period of one month from the date of receipt of a copy of the
judgment.
W.P.(C) No. 20991 OF 2008
3
ii) The petitioner shall produce a copy of the judgment and a copy of the Writ
Petition before the first respondent, the Director of Higher Secondary Education.
iii) Since the Writ Petition is disposed of without issuing notice to the third
respondent, the petitioner shall send a copy of the judgment to the third respondent by
registered post and shall produce proof of the same before the first respondent.
K.T. SANKARAN,
JUDGE.
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