High Court judge surprised dispute over purported expulsions has not gone to mediation

The remark was made by Mr Justice Seamus Noonan, who said while the school "may or may not be within its rights" to expel the students it seemed "extremely harsh" to put the students out of school "in their Leaving Cert year."

The incident occurred during the course of a lesson unknown to the teacher who was present.

The videos were posted on social media. The school was made aware of the incident by one of the boy's mothers, out of her concerns for her son and other student's safety.

Details of the incident, which the court heard involved the snorting of sugar, were published in an Irish daily newspaper.

Earlier this week the students launched legal against the school's board of management arising out of their purported expulsions from the school.

Today, counsel for the school's board of management Feichin McDonagh SC said the students had not been expelled but had been suspended pending a final decision by the board, which is due to take place on November 23.

A "preliminary view" had been taken by the board that they should be expelled, counsel said, adding that the school had followed the practices as set down under the Education Act in respect of the matter.

Seeking time to respond to the student's actions counsel said the proceedings were premature, and the final decision will not be finalised until the meeting. If the board opted not to expel them that would make the action moot or pointless counsel said.

Counsel said there had also been an engagement with a facilitator, which the board will consider.

Lawyers for the students urged the court to list the case for hearing as soon as possible,

Derek Shortall Bl for one of the students said his client was challenging his suspension as well as the decision to expel him.

Counsel said the process had been "poisoned from the outset" given it was another student had induced his client to video him, and that the school had got his client to sign a confession after telling him he would not be in trouble.

Andrew Whelan Bl for the second student said that there was an additional urgency in his client's case as he has special education needs, which he has not received since he was put out of school several weeks ago.

Mr Justice Noonan after considering the submissions said he was fixing the hearing of an application by the two students to be allowed back to the school, pending the outcome of the full hearing, to Tuesday of next week.

In their action, the students, who cannot be identified for legal reasons, claim the board of management of the secondary school had decided they should be excluded from the school they attend.

The board found the students had behaved in a manner that posed a serious threat to the good order and discipline of the school after a classmate asked them to record him ingesting the white powder on their phones.

The boys claim the board's decisions breach fair procedures and constitutional justice, are disproportionate and their expulsions fly in the face of common sense.

The board also failed to take into account the fact the school principal recommended they not be expelled, it is claimed.

It is also claimed the students were told by the school to make statements without being warned the statements would be used against them in a disciplinary process leading to their expulsion.

In an effort to make the students provide a statement of the incident it is also claimed they were told they would not be in any trouble, it is claimed.

In their proceedings against the school board of management, the boys seek various orders including an order quashing the decision made last month to expel the boys and that they be readmitted to the school.