S.Sathyanarayanan v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.13280 OF 2020 S. Sathyanarayanan, represented by N.Mankayarkarasi, Grandmother/Natural Guardian of S.Sathyanarayanan.

... Petitioner Vs.

1. The Secretary to Government, School Education Department, Government of Tamilnadu, Fort St. George, Chennai 600 009.

2. The Director of School Education, DPI Campus, Nungambakkam, Chennai 600 006.

3. The Chief Educational Officer, Dr.P.S.Srinivasan Municipal Higher Secondary School Campus, Ground Floor, Vaigundapuram St., Kanchipuram 631 502.

4. The District Educational Officer, District Educational Office, No.58, Old GST Road, Chengalpattu-HO,Chengalpattu 603 001.

5. The Principal, VAELS RAVINDRA BHARATHI GLOBAL SCHOOL, D.No.41B, Medavakkam Main Road, Keelkattalai, Chennai 600 117.

... Respondents Prayer:

Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus to direct the 5th respondent herein to issue Transfer Certificate based on the father representation dated 13.08.2020.

For Petitioner : Mr.Ilayaraja Kandasamy For Respondents: Mr.Mani Gopi, Govt.Advocate for R1 Mrs.Anna Lakshmi, Govt. Advocate for R2 to R4 Mr.Abdul Saleem for R5

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the 5th respondent to issue Transfer Certificate to the petitioner who had already completed 10th Standard in the 5th respondent School.

2. The case of the petitioner is that the petitioner has completed 10th Standard in the 5th respondent School and he is not in a position to pay the fees demanded by the 5th respondent School. Therefore the petitioner wanted to join some other School. When the petitioner was insisting for Transfer Certificate, the same was not given to the petitioner on the ground that there is arrears of fees to be paid by the petitioner.

3. Heard Mr.Mani Gopi, learned Government Advocate appearing for 1st respondent, Mrs.Anna Lakshmi, learned Government Advocate, appearing for the respondents 2 to 4 and Mr.Abdul Saleem, learned counsel appearing for 5th respondent.

4. Taking into consideration the facts and circumstances of the case and the grievance expressed by the petitioner, there shall be a direction to the 5th respondent to issue the Transfer Certificate to the petitioner based on the representation made on 13.8.2020. It is always open to the 5th respondent to independently proceed further to recover the fees due and payable by the petitioner in accordance with law.

5. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar msr

To

1. The Secretary to Government, School Education Department, Government of Tamilnadu, Fort St. George, Chennai 600 009.

2. The Director of School Education, DPI Campus, Nungambakkam, Chennai 600 006.

3. The Chief Educational Officer, Dr.P.S.Srinivasan Municipal Higher Secondary School Campus, Ground Floor, Vaigundapuram St., Kanchipuram 631 502.

4. The District Educational Officer, District Educational Office, No.58, Old GST Road, Chengalpattu-HO,Chengalpattu 603 001.

+1cc to Mr.Ilayaraja Kandasamy, Advocate, S.R.No.31070 +1cc to the Government Pleader, S.R.No.31273 W.P.No.13280 of 2020 VM(CO) CS/02/12/2020