A RAGHAVAN Vs. D E O ATTINGAL

JUDGEMENT

(1.) THESE writ appeals are by two parents of two students who were dismissed by the Head-master of the High School where they were studying. On 17th Feb. 1969, a violent commotion took place before the school, during the course of which the Headmaster and some of teachers of the school were attempted to be manhandled. The students, in their attempt to manhandle the teachers, abused them in vulgar language and also brutally beat one of the students. The headmaster intimated the parents of seven students, who were considered to be the ring-leaders of the trouble; and on a subsequent day, he dismissed them too. Appeals were taken before the District Educational Officer, before whom it was contended that the Headmaster did not follow the principles of natural justice in not framing formal charges against them and in not holding an enquiry too -- in other words, in dismissing them without hearing them. The District Educational officer himself held an enquiry and found that the charges levelled against the students were established. The result was that he confirmed the dismissal orders.

(2.) WRIT petitions were filed before this Court; and a learned Judge dismissed the writ petitions holding that, though the Headmaster did not frame formal charges against the students and did not also give them an oppourtunity to explain the charges, the defect was cured when the District Educational Officer held an enquiry and evidence was also taken, in appeal before him. In the result, the single Judge held that there was no defect in the dismissal orders.

(3.) IN appeal the same argument that was raised before the Single Judge has been reiterated. In reply the Government Pleader has drawn our attention to Rule 6 of chapter IX of the Kerala Education Rules. Clause (1) of the rule lays down that any pupil, who is deliberately insubordinate or mischievous or guilty of fraud or malpractice in connection with examinations or who is found guilty of any other offence under these rules or who by his proved conduct is in the opinion of the headmaster likely to cause an unwholesome influence on other pupils, may be, according to the degree of the offence, censured, suspended or dismissed by the headmaster. And one of the Notes to this clause says that before a pupil is suspended or dismissed, the Headmaster shall inform the pupil's guardian about it. And this rule, according to the Government Pleader, justified the action of the headmaster.