V.Pown Durai v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 25.03.2025 Coram:
THE HONOURABLE MRS.JUSTICE N.MALA WP.No.7803 of 2025 V.Pown Durai ... Petitioner Vs.
1. Union of India, Represented by Secretary, The Ministry of Education, New Delhi- 110001.
2. The Deputy Commissioner, Kendriya Vidyalaya Sangathan (KVS), IIT Campus, Chennai- 600036.
3. The Principal, PM Shri Kendriya Vidyalaya, Vijayanarayanam, Thirunelveli-627119 4.The Principal, 1 / 6
Kendriya Vidyalaya, IIT Campus, Chennai-600036.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 2nd respondent to transfer the petitioner's minor son from the 3rd respondent School and admit to the 4th respondent school.
For Petitioner : M/s.Shaikh Mehrunisa Kasim for M/s.Balaji Srinivasan For Respondents : Mr.B.Babu Manohar, for R1 Mr.M.Vaidiyanathan for RR2 to 4
ORDER
Writ petition is filed for issuance of a writ of mandamus directing the 2nd respondent to transfer the petitioner's son to the 3rd respondent school and admit him in the 4th respondent school.
2. The petitioner applied for transfer of his son Mast P.Kavin, a student of class 3 from Kendriya Vidyalaya Vijayanarayanam, to Kendriya Vidyalaya, IIT Campus, Chennai, vide representations dated 10.06.2024 and 31.12.2024, on 2 / 6
medical grounds. The petitioner states that his son was diagnosed with Right Ankle Bone Tuberculosis and therefore, because of health issues, the petitioner's son was not able to attend the school properly. The petitioner stated that even his estranged wife joined him because of their child's medical condition. While so, the petitioner applied for local transfer of school for his son to his daughter's school viz Kendriya Vidyalaya, IIT Campus, Chennai, where she was studying in class 10. As the petitioners request for transfer was not considered, the petitioner filed the above writ petition for the aforesaid relief.
3. The learned counsel for the petitioner submitted that the petitioners son was suffering from Right Ankle Bone Tuberculosis, therefore he needed special attention. As the petitioners elder daughter was already studying in the 4th respondent school, the petitioner decided to transfer his son to the same school, because of his son's medical condition.
4. The learned counsel for the respondents on instructions submits that the petitioners request was recommended by the Assistant Commissioner vide letter dated 21.01.2025, to the Principal, Kendriya Vidyalaya, IIT, Chennai, the 4th 3 / 6
respondent herein for consideration and the same is pending with him.
5. Heard both counsels and with their consent final orders are passed in the main writ petition.
6. Considering the fact that the Assistant Commissioner of Kendriya Vidyalaya, Sangathan, has recommended the petitioners request for transfer and also considering the petitioner son's medical condition, I am inclined to issue a direction to the 4th respondent to consider favourably the petitioners representations, dated 10.06.2024 and 31.12.2024 for transfer, which were filed well within the time. Ergo, a direction is issued to the 4th respondent, to favourably consider the petitioners request for transfer of his son Mast P.Kavin, to class IV, in the light of the recommendation of the Assistant Commissioner, Kendriya Vidyalaya, Sangathan, dated 21.01.2025, within a period of two weeks from the date of receipt of a copy of this order.
Accordingly, this writ petition is disposed of. However, there shall be no order as to costs.
25.03.2025 Index:Yes/No Speaking order:Yes/No dsn 4 / 6
To 1.The Secretary, Union of India, The Ministry of Education, New Delhi- 110001.
2. The Deputy Commissioner, Kendriya Vidyalaya Sangathan (KVS), IIT Campus, Chennai- 600036.
3. The Principal, PM Shri Kendriya Vidyalaya, Vijayanarayanam, Thirunelveli-627119 4.The Principal, Kendriya Vidyalaya, IIT Campus, Chennai-600036.
5 / 6
N.MALA,J.
dsn 25.03.2025 6 / 6