SYED Vs. D E O ERNAKULAM

JUDGEMENT

(1.) During the middle of this academic year, petitioner's son Haksar (aged 14) sought for admission to Xth standard in St. John De-Britto High School, Fort Cochin (hereinafter referred to as "the third respondent school"). But the Headmaster refused to admit him. This Original Petition is for a writ of mandamus commanding the headmaster to admit Haksar to Standard-X in the said school.

(2.) Petitioner approached the District Educational Officer, Ernakulam (D.E.O.) with a complaint that the headmaster has improperly denied admission to his son Haksar. The D.E.O. thereupon passed Ext. P7 order directing the Headmaster to admit the student on production of a transfer certificate from the school where Haksar studied hitherto. But Ext. P7 was not complied with by the Headmaster. Hence petitioner prays for a further relief that the D.E.O. be commanded to implement Ext. P7 order.

(3.) Haksar was studying in R.M.H.S., Vadavucode. Since his mother has certain heart conditions, his father (the petitioner) desires Haksar to join the third respondent school as its location is near his residence. He learnt that a seat is available in Xth standard in the third respondent school. But the Headmaster refused to admit him and seemingly told him to seek admission in any Muslim school. On 16-8-90, petitioner submitted an application to the first respondent (D.E.O.) for taking necessary steps to admit his son in the third respondent school. The first respondent wrote an order in the application on 16-8-90 directing the Headmaster to admit Haksar to Xth standard in third respondent school. A transfer certificate was issued from R.M.H.S., Vadavucode on 17-8-90 (Ext. P3) presumably on the request made by the petitioner.