SINAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal had been filed by the petitioner in WP(C) No. 30486/2019 challenging judgment dated 18/12/2019 of the learned Single Judge. The writ petition was filed inter alia seeking for a direction that the petitioner should be permitted to continue his studies in Shantinikethan Higher Secondary School, Thiruvalloor, Vatakara, Kozhikode. Petitioner also sought for a direction to quash Ext.P1. By Ext.P1, the District Educational Officer had informed the Headmaster of the school that the petitioner should be issued with a Transfer Certificate and he should be accommodated at the Higher Secondary School, Perambra to continue his studies. According to the petitioner, he had not committed any of the alleged misconducts and he was victimized on account of the fact that the complainant's mother was a teacher in the school. Learned Single Judge did not feel it necessary to interfere with the disciplinary action taken against the petitioner especially on account of the factual circumstances. The learned Single Judge also tried for a settlement and it was observed that the girl student and her parents were not prepared for a compromise to the extent permitting the petitioner to continue his studies in the school. It was further observed as under:-

(2.) While impugning the aforesaid judgment, we have sought for instructions from the Headmaster of the school as well as the learned Government Pleader representing the educational authorities regarding permitting the appellant/petitioner to write the examination in the very same school. Learned counsel for the Manager and Headmaster submits that it may not be possible to permit the appellant to write the examination along with other students. Despite the fact that the Transfer Certificate had been issued, the student used to come to the school which creates a problem for the management of the school. Learned counsel appearing for the appellant would submit that the Transfer Certificate has not been taken from the school and that he may be permitted to write the examination after condoning his absence. Learned Government Pleader submits that as far as attendance is concerned, the Educational Authorities can condone the absence taking into consideration the present factual situation.

(3.) Having regard to the aforesaid submission, we are of the view that an opportunity should be granted to the appellant/petitioner to write the examination in the very same school.