SUDHEER Vs. HEADMISTRESS PANOOR HIGH SCHOOL

JUDGEMENT

(1.) Petitioners 1 to 3 in this Original Petition are pupils of the Panoor High School. The grievance of the petitioners is against Exts. P1 and P3 orders. By Ext. P1 petitioners 1 to 3 were dismissed by the 1st respondent Headmistress under R.6(iii) of Chapter IX of the Kerala Education Rules, 1959 (for short the Rules). By Ext. P3 the 2nd respondent District Educational Officer. Tellicherry dismissed the appeal from Ext. P1 order. The question that arises for consideration is the extent to which the Head of a school should observe the principles of natural justice in taking disciplinary action against pupils.

(2.) It seems, on 15tb August 1974 when Independence Day was celebrated in the school, some unhappy incidents took place and that has resulted in the dismissal of petitioners 1 to 3. The 1st respondent issued Ext. P7 notice dated 15-8-1974 to petitioners 1 to 3 alleging that at the time of unfurling the National Flag on 15-8-1974, they indulged in hooting and thereafter under their leadership a meeting was held in Standard X class room wherein petitioners 1 to 3 made speeches against celebrating the Independence Day. By Ext. P7 petitioners 1 to 3 were asked to appear before the Commission appointed for enquiry on 22-8-1974. On receipt of Ext. P7, a joint representation Ext. P8 dated 22-8-1974 was submitted to the 1st respondent by the Secretaries of three student organisations and the President of another student organisation. In Ext. P8 certain allegations are seen made against the way in which the Independence Day was celebrated in the school.

(3.) The 1st respondent by Ext. P1 order dated 6-9-1974 dismissed petitioners 1 to 3 under R.6(iii) of Chap.9 of the Rules. From Ext. P1 an appeal was filed before the 2nd respondent who by Ext. P3 order dated 30-9-1974 dismissed the same and confirmed Ext. P1 order of dismissal.