Amaira Kohli Through Guardian And ANR v. Directorate Of Education And ORS

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17919/2024,CM APPL. 76251/2024 AMAIRA KOHLI THROUGH GUARDIAN AND ANR...Petitioners Through:

Mr. Abhimanyu Mahajan, Mr. Ankur Mahindra, Ms. Anubha, Mr.Mayank Joshi, Mr. Ankush Satija, Mr. Rohit Bishnoi, Advs.

Versus

DIRECTORATE OF EDUCATION AND ORS .....Respondents Through:

Mr. Sameer Vashisht, GNCTD/R-1 with Mr. VedanshVashisht, Adv for R-1 Mr. Kamal Mehta, Adv. for R2/Modern School Mr. Satish Agarwala, Mr. Vinay, Mr.Deepak Diwan, Advs. for R-3

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 07.01.2025

1. The present petition has been filed seeking following prayers; a. Issue a writ in the nature of mandamus or any other appropriate writ directing the Respondent No. 2 i.e., Modern School, Vasant Vihar to immediately initiate the exit formalities and issue the School Leaving Certificate (SLC), Transfer Certificate (TC) and all other relevant documents pertaining to withdrawal of the Petitioner No. 1 from the said school; b. Issue a writ in the nature of mandamus or any other appropriate writ directing the Respondent No. 1 i.e., the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Directorate of Education to provide a clarification that there is no bar for the Petitioner No. 2 to seek issuance of SLC/TC, for his ward i.e., the Petitioner No. 1;

2. Sh. Sameer Vashisht, learned standing counsel for respondent No.1, has fairly submitted that, as per the applicable rules, the Transfer Certificate can be issued to the parent who has custody of the child.

3. Learned counsel for respondent-Modern School, Vasant Vihar, states that, as per their practice, the application for a Transfer Certificate must be signed by both parents.

4. The petitioner‟s case is that, as per the settlement terms mentioned in the petition filed before the Principal Judge, Family Court, South East District, Saket Courts, the custody of the child (petitioner No.1) is with petitioner No.2.

5. At the outset, this Court is not addressing the question of custody rights of either parent. That issue is left to be determined by the concerned learned Judge, Family Court. However, in light of the rule position stated by the learned standing counsel, respondent No.1/Modern School, Vasant Vihar, is directed to issue the Transfer Certificate for petitioner No.1 to petitioner No.2, dispensing with the requirement of respondent No.3‟s signature on the application.

6. However, this shall not affect the determination of the custody of the child, which remains under the jurisdiction of the concerned learned Judge, Family Court.

7. The learned Judge, Family Court, shall decide the issue of custody and the validity/genuiness of any agreement entered into between the parties independently of the order passed by this Court. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8. In view of the above, the present petition stands disposed of.

9. The copy of this order be given dasti under the signature of the Court Master.

DINESH KUMAR SHARMA, J JANUARY 7, 2025 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.