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2025 Supreme(Online)(KER) 10951

HIGH COURT OF KERALA
N. NAGARESH, J
FAMITHA – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) 38184/2024



Advocates:
For the Appellants/Petitioners: SREEHARI INDUKALADHARAN
For the Respondents: N.U.HARIKRISHNA,R5,R7, M.A.VAHEEDA BABU,R6, MITHUN BABY JOHN,K/1270/2012, BABU KARUKAPADATH(B-13), ARYA RAGHUNATH(K/000474/2018), KARUKAPADATH WAZIM BABU(MAH/8319/2019), P.LAKSHMI(K/001868/2021), AYSHA E.M.(K/001130/2022), ABUASIL A.K.(K/001702/2024), HANIYA NAFIZA V.S.(K/003695/2024), SRI. V. VENUGOPAL,SR.GOVERNMENT PLEADER

The court emphasized the necessity of following due process and natural justice in disciplinary actions undertaken by educational institutions.

Headnote:In relation to the illegal suspension of a minor child from school, the court identified procedural lapses in the school's actions, including failure to consider the petitioner's representations, thereby violating principles of natural justice. The court framed the issue about the maintainability of the school's disciplinary actions. The final outcome led to the direction for the child's exam eligibility subject to meeting requisite parameters.

Table of Content
1. procedural violations in school disciplinary actions. (Para 1 , 2 , 3 , 4 , 5)
2. court's directive for examination eligibility. (Para 6 , 7 , 8)

JUDGMENT

Dated this the 18th day of February, 2025 The petitioner is aggrieved by the inaction on the part of the respondents in considering representations filed by the petitioner with regard to illegal suspension of her minor child from School without valid reasons and without following the procedures.

2. The petitioner is the mother of one Fahim, a student of the 5th respondent-School in the 12th Standard. On 29.07.2024, the students of School had a fight in between them. Knowing that a student named Nihal was also involved in it, the petitioner’s son went to the School to enquire about the same.

3. The petitioner’s son was suspended for 15 days along with 5 other students. The 5th respondent directed the students to render unconditional apology in writing after the suspension period of 15 days and thereafter the students will be permitted to get back into their class.

4. As per the direction, the petitioner submitted an apology letter dated 19.08.2024. But on 29.08.2024, the 5th respondent telephoned the petitioner and informed that the petitioner’s son would not be permitted to attend regular classes and laboratory.

5. Aggrieved by the illegal action, the petitioner filed Ext.P2 representation before the 7th respondent-Principal. The 7th respondent did not act upon Ext.P2. Aggrieved by the inaction of the 7th respondent, the petitioner approached respondents 2, 3 and 4 by way of representations. Even after lapse of three months, no action has been taken by the respondents. There is a grave statutory violation and natural justice violation, contends the petitioner.

6. When the writ petition came up for admission on

08.11.2024, this Court passed an interim order to the following effect:-

“Today when the matter came up for consideration, the learned counsel for the petitioner points out that he will be satisfied for the time being, if an opportunity to attend the online classes are granted. Besides he also places a request for a permission to attend the lab physically. The learned counsel for the 5th and 6th respondents submits that the said facility can be arranged, provided the petitioner agrees that the physical attendance in the lab will be only on Saturdays.

2. In such circumstances, there shall be an order directing the respondents 5 to 7 to ensure that the petitioner is provided with the facility to attend the class through online and also to attend the lab on Saturdays.

Necessary arrangements shall be done by the respondents concerned.”

7. It is now submitted by the parties that pursuant to the interim order, the petitioner’s son was permitted to attend the class online. It is further submitted that the course period is over and Model Examinations are going on.

8. In view of the afore developments, no further orders are necessary in this writ petition. As the petitioner’s son cannot attend the classes now since the course period is over.

The writ petition is accordingly disposed of directing the respondents to permit the petitioner’s son to appear in the Examination, if the petitioner’s son satisfies all other parameters.

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