(1.) The Headmaster of Poilkave High School is the appellant in this writ appeal. It is filed against the judgment of the learned single Judge in O.P. No. 15873 of 1993 quashing Ext. P 2 show cause notice issued by the appellant and Ext. P3 order passed by the third respondent. The main question that arises for decision in this appeal is whether this court is justified in interfering with the orders passed by the Headmaster and District Educational Officer dismissing a pupil, in exercise of the powers of this court under Art. 226 of the Constitution.
(2.) By Ext. P 2 show cause notice issued to the father of the student, it was proposed to dismiss the first respondent from the rolls of the High School for gross indiscipline. Ext. P 3 is the order passed by the District Educational Officer, Badagara rejecting the appeal filed by the father of the pupil and upholding the action of the ppellant. After quashing Exts. P 2 and P 3 the learned Judge directed the third respondent to conduct an enquiry into the matter either by himself or by appointing any other member of the staff. According to the learned single Judge, the proceedings initiated against the pupil was 'not in accordance with the principles of natural justice'. The appellant in this appeal challenges the correctness of the aforesaid judgment.
(3.) Though the appellant was shown as third respondent in the original petition, it was decided without hearing him, at the admission stage itself. In that background the appellant filed this writ appeal incorporating certain documents (Annexures A 1 to A 11) which were not available at the time of hearing of the writ petition. The memorandum of writ appeal reveals the following incidents, which, according to the appellant, constitute indiscipline on the part of the first respondent: