A school principal has been told by a High Court judge he must allow a pupil, suspended for smoking cannabis, to resume classes.
Mr Justice O Caoimh heard that 15-year-old David McKenna was caught smoking cannabis last October with four other boys while on a school trip to the Aran Islands.
Mr Mark de Blacam SC, counsel for David McKenna and his father, Mr Adrian McKenna, told the court the boy was a pupil at Colaiste Raithin, an Irish-speaking school in Bray, Co Wicklow, which is run under the auspices of Wicklow Vocational Education Committee.
He said the school principal, Mr Gearoid O Ciarain, was also secretary of the school board of management, which had decided on October 23rd to suspend the boy from the school.
Mr de Blacam said the school board had also recommended the expulsion of the five pupils concerned, but on November 15th had met to reconsider its decision.
Following that meeting, the boy's parents had been told the suspension was being lifted and their son was welcome to attend the school.
He said clarification had been sought from Wicklow Vocational Education Committee, which had supported the school board's decision not to expel the boy, whose father had been informed the following day that his son was free to return to the school.
Mr de Blacam said the boy had returned to the school on December 1st but had been given a letter by the school principal, Mr O Ciarain, informing him that the principal could not accept responsibility for his return to classes and that he was still suspended.
He told Judge O Caoimh that the VEC had instructed the principal to take David back.
"Mr O Ciarain has been directed by the VEC to readmit David to the school but has refused to do so," Mr de Blacam said.
Mr Seamus O Tuathail SC, counsel for Mr O Ciarain, opposed the boy's application for an interlocutory injunction restraining him from excluding the boy from classes.
Mr Justice O Caoimh granted the injunction and directed that David be allowed to attend as a pupil until full trial of the action. He adjourned the matter until January 22nd.