T.Nalini Thiyagarajan v. The Joint Commissioner (Acad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA W.P.No.6004 of 2025 and W.M.P.No.6609 of 2025 T. Nalini Thiyagarajan ... Petitioner Vs.
1. The Joint Commissioner (ACAD) Kendriya Vidyalaya Sangathan (Ministry of HRD, Dept of Education, Govt. of India) 18 - Institutional Area, Shaheed jeet singh Marg, New Delhi 110 016.
2. The Deputy Commissioner Kendriya Vidyalaya Sangathan Southern Region IIT Campus, Chennai District.
3. The Principal PM Shri Kendriya Vidyalaya CLRI, Adyar, Chennai 600 036.
4. The Principal PM Shri Kendriya Vidyalaya Ashok Nagar, No.125, Dr.Natesan Salai, Chennai 600 083.
... Respondents
PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Mandamus to direct the 2nd respondent to grant transfer of petitioner's daughter T.Kavya who is studying in 1st Standard in 4th respondent School to 3rd respondent's School in pursuant of 1st respondent's circular No.F110331-01-2014/KVSHQ/Acad dated 21.03.2018 as well as Circular No.F.N.11-Acad0229(Misc)31/2024 dated 12.06.2024. For Petitioner : Mr.P.Saravanan For Respondents : Mr.Vaidiyanathan Standing Counsel
O R D E R
This writ petition is filed for a Writ of Mandamus directing the 2nd respondent to transfer the petitioner's daughter T.Kavya, who is studying in 1st Standard, in 4th respondent School, to 3rd respondent's School, in pursuance to the 1st respondent's circular No.F110331-01-2014/KVSHQ/Acad dated 21.03.2018 as well as Circular No.F.N.11-Acad0229(Misc)31/2024 dated 12.06.2024.
2. The petitioner applied for transfer of school for her younger daughter T.Kavya, who is studying in 1st Standard in PM Shri Kendriya Vidyalaya, Ashok Nagar to PM Shri Kendriya Vidyalaya CLRI Campus, Adyar,
as her elder daughter T.Dhatshina was studying in VI std in the transferee school. As the petitioner's representation was not considered by the respondents, the petitioner was constrained to file the writ petition for the aforesaid relief.
3. The learned counsel for the petitioner submitted that the petitioner's elder daughter namely T.Dhatshina was studying in VI Standard in PM Shri Kendriya Vidyalaya CLRI Campus, Adyar and her younger daughter T.Kavya was studying in 1st Standard in PM Shri Kendriya Vidyalaya, Ashok Nagar and as the petitioner was finding it very difficult to maintain two children in two different schools she sought for transfer of her younger daughter to the elder daughter's school. The counsel relying on the Circular No. No.F110331-012014/KVSHQ/Acad dated 21.03.2018 and Circular No.F.N.11Acad0229(Misc)31/2024 dated 12.06.2024, submitted that local transfers were permitted in case of sibblings. The counsel further submitted that there was a vacancy in class I in PM Shri Kendriya Vidyalaya CLRI Campus, Adyar. Hence, he prayed that the writ petition be allowed.
4. The learned Standing Counsel appearing for the respondents submitted that the petitioner had applied for transfer in PM Shri Kendriya Vidyalaya CLRI Campus, Adyar for her younger daughter in 1st Standard
beyond the cut off date stipulated for applying for transfer. The learned Standing Counsel on instructions further submitted that as the academic year closed on 31.03.2025, it was not possible to comply with the petitioner's request but if the petitioner applied for transfer to the 2nd standard for her younger daughter, the same would be considered on preferential basis.
5. Heard both sides and perused the materials available on record.
6. It appears that the petitioner's elder daughter is studying in PM Shri Kendriya Vidyalaya CLRI Campus, Adyar and the younger daughter is studying in PM Shri Kendriya Vidyalaya, Ashok Nagar. The petitioner was finding it very difficult to educate her two children in two different schools and so she applied for transfer. The circulars of the respondents permit local transfer in the case of siblings. Further the learned Standing Counsel for the respondents on instructions submitted that if the petitioner applied for 2nd Standard her application would be considered on preferential basis. In the light of the above facts, a direction is issued to the petitioner to apply for transfer for her younger daughter T.Kavya, to 2nd standard, in PM Shri Kendriya Vidyalaya CLRI Campus, Adyar, in the first week of April 2025 and on receipt of the said application, the 2nd respondent shall consider the same on preferential basis,
however subject to the availability of seats.
7. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 25.03.2025 dpq Index : Yes /No Speaking Order : Yes/No N. MALA, J.
dpq To
1. The Joint Commissioner (ACAD) Kendriya Vidyalaya Sangathan (Ministry of HRD, Dept of Education, Govt. of India) 18 - Institutional Area, Shaheed jeet singh Marg, New Delhi 110 016.
2. The Deputy Commissioner Kendriya Vidyalaya Sangathan Southern Region IIT Campus, Chennai District.
3. The Principal PM Shri Kendriya Vidyalaya CLRI, Adyar, Chennai 600 036.
4. The Principal PM Shri Kendriya Vidyalaya Ashok Nagar, No.125, Dr.Natesan Salai, Chennai 600 083.
W.P.No.6004 of 2025 and W.M.P.No.6609 of 2025 25.03.2025