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Madras High CourtWA/325/2026dismissed

R.Rajasekaran v. The Addtional Secretary

2026-02-16Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2026 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & C.M.P.No.2911 of 2026 R.Rajasekaran S/o.K.Rajendran Permanent Address D.No.3/21-A, 2/15, Karukudi Inam Kliyur Post, Moolazhvancheri Village Valangaiman Tk, Thiruvarur Dist 614 208.

Present Address Assistant Engineer (QA) Govt (AVL) C/o.HVF Avadi, Chennai 54 Appellant(s) Vs

1. The Additional Secretary Fort St. George, Secretariat Chennai 9.

2. The Secretary School Education Department of Tamil Nadu Fort St. George, Secretariat Chennai 9.

3. The Chief Educational Officer Panagal Building, Anna Salai Road Thanjavur, Thanjavur Dist.

4. District Educational Officer Elementary Education Pattukkottai, Thanjavur Dist.

5. District Educational officer Elementary Education Thanjavur, Thanjavur Dist.

6. R. Punitha Ex Block Educational Officer Ammapettai 614 401, Papanasam Tk, Thanjavur, Thanjavur Dist.

Presently working as Block Educational Officer in Mathukoor ondriyam Pattukottai Education Dist, Thanjavur Dist.

7. S.Indhirani Ex Head Mistress Govt Panchayath Union Middle School, Sooliyakkottai Village, Ammapettai Block, Papannasam Tk, Thanjavur Dist.

8. G Chithra Ex Head Mistress Govt Panchayath Union Middle School Sooliyakottai Village Ammapettai Block Papaasam Tk Thajavur Dist.

Presently working as Head Mistress in Govt Panchayat Union Middle School Arumalaikkottai Village, Ammapettai Block, Papanasam Tk, Thanjavur Dist.

9. S. Sengani W/o.R.Rajasekaran H.No.3/383, Thenpathi Sooliyakkottai Village, Saliyamangalam vai, Papanasam Tk Thanjavur Dist 613 504.

Respondent(s) Prayer : Appeal filed under Clause 15 of the Letters Patent seeking to set aside the order dated 19.12.2025 passed in WP.No.49810 of 2025.

For Appellant(s):

Mr. V.Gowthamkumar For Respondent(s):

Mr. E.Vijay Anand Addl. Govt. Pleader for R1 to R5

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice) Challenge to the order passed by learned Single Judge is premised on the ground that pendency of the dispute between appellant and his wife, with regard to custody of child, could not be made a basis to reject his application seeking issuance of bona fide certificate, as, appellant intends to obtain education loan for the education of his children.

2. The order impugned in the writ petition clearly goes to show that several litigations are going on between appellant and his wife on various matrimonial issues, including custody of children. A perusal of the rejection order by the authority would show that custody of the child is with the mother and appellant has been granted only liberty to visit the child.

3. On the face of such dispute, authority has decided not to issue bona fide certificate.

4. The view, which has been taken by the learned Single Judge, therefore, does not warrant any interference.

5. Appeal is dismissed. There shall be no order as to costs. Consequently, the interim application is also dismissed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 16.02.2026 Index :

Yes/No Yes/No kpl

To

1. The Additional Secretary Fort St. George, Secretariat Chennai 9.

2. The Secretary School Education Department of Tamil Nadu Fort St. George, Secretariat Chennai 9.

3. The Chief Educational Officer Panagal Building, Anna Salai Road Thanjavur, Thanjavur Dist.

4. District Educational Officer Elementary Education Pattukkottai, Thanjavur Dist.

5. District Educational officer Elementary Education Thanjavur, Thanjavur Dist.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl) 16.02.2026