L.Kamalanathan v. The District Educational Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH L.Kamalanathan .. Petitioner vs 1.The District Educational Officer, (Private Schools), Saidapet, Chennai - 15 (R1 amended vide order dated 23.01.2024) 2.The Principal / Correspondent, Asan Memorial Senior Secondary School, Rep. by its Principal, Cochin House, Chennai - 8.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to issue transfer certificate, mark statements and conduct certificate to the petitioner's ward K.Prasanna Dharshini, who has completed 8th standard, without further delay, to enable the petitioner to admit his ward in another affordable school based on the request made by the petitioner dated 13.12.2023 herein. For Petitioner :

Mr.M.Purushothaman For Respondents :

Mr.Vadivelu Deenadayalan Additional Government Pleader for R1 Mr.AR.Karunakaran for R2

ORDER

Heard Mr.M.Purushothaman, for petitioner, Mr.Vadivelu Deenadayalan, learned Additional Government Pleader for official 1/4

respondent and Mr.AR.Karunakaran for Asan Memorial Senior Secondary School (School)/R2.

2.

The daughter of the petitioner K.Prasanna Dharshini (student) had been admitted in the school but had discontinued her studies there since the petitioner states, he was unable to afford the fees. He has made a representation for issuance of transfer certificate, mark statements and conduct certificate of the student, which documents have not been furnished till date. Hence, this writ petition.

3.

The settled position is that R2 school holds no contractual, statutory or other lien to justify the retention of the certificates of the student, for arrears of fee. In light of this position, Mr.Karunakaran, would submit that the school would issue certificates as sought for, forthwith. This is recorded. 4.

Thus, let the petitioner present himself before the School when the certificates will be returned to him forthwith. It is also made clear that none of the certificates will contain any reference to, or details of arrears of fee.

5.

This writ petition stands allowed in terms of this order. No costs.

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To 1.The District Educational Officer, (Private Schools), Saidapet, Chennai - 15.

2.The Principal / Correspondent, Asan Memorial Senior Secondary School, Rep. by its Principal, Cochin House, Chennai - 8.

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DR. ANITA SUMANTH,J.

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