R.P.Murugan Raja v. The Chief Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.05.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.11389 of 2021 R.P.Murugan Raja ... Petitioner

Versus

1. The Chief Educational Officer, Office of the Chief Educational Officer, No.58, Old GST Road, Chengalpet-603 001.

2. The Principal / Correspondent, Vaels Ravindra Bharathi Global School, 41-B, Medavakkam Main Road, Keelkattalai, Chennai - 600 117. ... Respondents PRAYER: Writ 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 son M.B.Prajith Varshan without further delay to enable the Petitioner to admit his son in another affordable School based on the request made by the Petitioner to the 1st Respondent on 07.10.2020 and the 2nd Respondent dated 30.09.2020 and remainder dated 13.04.2021 herein.

For Petitioner : Mr.D.Velmurugan.

For Respondents : Mr.M.Elumalai, Additional Government Pleader for R1.

O R D E R

The prayer sought for herein is for a Writ of Mandamus, directing the 2nd Respondent to issue transfer certificate, mark statements, and conduct certificate to the petitioner's son M.B.Prajith Varshan without further delay to enable the Petitioner to admit his son in another affordable School based on the request made by the Petitioner to the 1st Respondent on 07.10.2020 and the 2nd Respondent dated 30.09.2020 and remainder dated 13.04.2021 herein.

2.The Petitioner's son one M.B.Prajith Varshan is studing in

III Standard in the Second Respondent School. For various reasons, the Petitioner wanted to take his son from Second Respondent School and put in some other School and therefore, he approached the Second Respondent for getting Transfer Certificate and other certificates and in this regard, the Petitioner has given representation and reminder on 07.10.2020 and 13.04.2021 respectively and in the meanwhile also, the representation was given to the Second Respondent on 30.09.2020 and since the said representation given to the Second Respondent has not been acted upon, those representations/applications and reminder have not yielded good result.

Therefore, the Petitioner has approached this Court by filing the Writ Petition. 3.Heard Mr.M.Elumalai, Learned Additional Government Pleader appearing for the First Respondent who would submit that, the Second Respondent is a private recognized institution and insofar as the representation given by the Petitioner to the First Respondent dated 07.10.2020 is concerned, that would be enquired into and in this regard, after verifying the issue with the Petitioner as well as the Second Respondent School, the said representation of the Petitioner would be decided on merits within a time frame. In view of the order passed herein, notice to the Second Respondent is dispensed with.

4.By considering the aforesaid factual matrix and taking into account the said submission made by the learned counsel for the parties, this Court is inclined to pass the following orders: "That there shall be a direction to the First Respondent to consider the Petitioner's representation dated 07.10.2020 and pass order there on, after hearing the Petitioner as well as the Second Respondent in this regard, by giving separate notice, within a period of four weeks from the date of receipt of a copy of this order."

5.With these directions, this Writ Petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (Vacation Officer) //True Copy// Sub Assistant Registrar ay/sgl

To The Chief Educational Officer, Office of the Chief Educational Officer, No.58, Old GST Road, Chengalpet-603 001.

+cc to Mr.Vel Murugan, Advocate,Sr.27165 +cc to Govt Pleader,Sr.27126 W.P.No.11389 of 2021 AK(CO) baf 17/05/2021