Madras High CourtWP/9942/2025disposed of

Krishnakumar Singarapu v. The Director

2025-09-03Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Krishnakumar Singarapu S/o.Laxman Singarapu ... Petitioner Vs.

The Director The Directorate of School Education No.17, College Road Subba Road Avenue Nungambakkam, Chennai-600 008.

The District Collector Rajaji Salai, 4th Floor 62, Beach Road, George Town Chennai-600 001.

The District Educational Officer No.385, Anna Salai Todd Hunter Nagar Saidapet, Chennai-600 015.

The Maharishi Vidhya Mandir Matriculation School No.375, Mint Street, Sowcarpet Chennai-600 079.

The Hindu Theological Higher Secondary School No.107, Audiappan Street, Sowcarpet, Chennai-600 001.

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The Chief Educational Officer Presidency Girls Higher Secondary School E-Spur Tank Road Egmore, Chennai.

... Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 and 6 to take appropriate action against the 4th and 5th respondents and further to direct the respondents 1 to 3 and 6 to take appropriate action against the 4th respondent to refund a sum of Rs.2,07,711/- to the petitioner within a stipulated time as fixed by this Hon'ble High Court. For Petitioner :

Mr.G.Mutharasu For Respondents :

Mr.S.Prabakaran Government Advocate for R1 to R3 & R6

O R D E R

This writ petition has been filed seeking for issue of a writ of mandamus directing the respondents 1 to 3 and 6 to take appropriate action against the 4th and 5th respondents and consequently, to direct the respondents 1 to 3 and 6 to take appropriate action against the 4th respondent to refund a sum of Rs.2,07,711/- to the petitioner.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for R1 to R3 and R6.

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3. The learned counsel for the petitioner submitted that the petitioner's son was admitted in the 4th respondent School in Class 8 during the academic year 2019 - 2020. He further submitted that after completion of 12th standard during the academic year 2023-2024, the 4th respondent School has issued a Transfer Certificate and Mark Statements to the petitioner which was in the name of the fifth respondent. The grievance of the petitioner is that the 4th respondent, without getting approval from the 1st respondent, is running the School and admitting the students by collecting huge fee from the parents. Hence, the petitioner seeks for refund of a sum of Rs.2,07,711/-.

4. The learned Government Advocate for the respondents 1 to 3 and 6 filed a counter affidavit, wherein it is stated that while the petitioner's son was perusing 12th standard the affiliation status of the 4th respondent School was pending and hence, the students of Classes XI and XII were appeared for their Board Examination through the 5th respondent School. It is further stated that the issuance of the Transfer Certificate under the name of the 5th respondent School was a procedural formality intended to maintain the consistency of academic record in accordance with Board Examination process.

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5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the first respondent to consider and decide the same on merits and in accordance with law. The first respondent is directed to conduct an enquiry on the complaint lodged by the petitioner as against respondents 4 and 5 herein, after giving an opportunity of hearing to the both parties and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

6. Accordingly, the Writ Petition is disposed of with the above directions. There shall be no order as to costs. 03.09.2025 Index: Yes/No Speaking Order/Non-Speaking Order ms 4/6

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