D.H.Jayanthi Bai, v. The Chief Educational Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 11.03.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.Nos.6724 and 6725/2015 D.H.Jayanthi Bai ... Petitioner in both the WPs.
Versus
1. The Chief Educational Officer, Kanchipuram District, Kanchipuram.
... R1 in both the writ petitions
2. The Correspondent Victoria Matriculation Higher Secondary School, Rangasamy Kulam, M.M.Avenue, Kancheepuram 631 501.
...R2 in WP.No.6724/2015
3. The Correspondent Khatri Matriculation Higher Secondary School, PSK Street, Kanchipuram 631501.
...R2 in WP.No.6725/2015 Prayer in WP.No.6724/2015:
Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd respondent to issue transfer certificate and attendance certificate to the petitioner's son D.H.Surendar Sah in pursuant to application made by petitioner on 13.02.2015 to the 2nd respondent and in the light of the proceedings of the 1st respondent in O.Mu.No.8484/AA5/2014 dated 26.11.2014 without delay. Prayer in WP.No.6725/2015:
Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd respondent to issue transfer certificate and attendance certificate to the petitioner's daughter D.H.Revathi Bai in pursuant to application made by petitioner on 13.02.2015 to the 2nd respondent and in the light of the proceedings of the 1st respondent in O.Mu.No.8484/AA5/2014 dated 26.11.2014 without delay. For Petitioner :
Mr.S.Santhan for M/s. Sai Naam Associates For R1 :
Mr.R.Vijayakumar Special Government Pleader
COMMON ORDER Heard Mr.S.Santhan, learned counsel appearing for the petitioner ; and Mr.R.Vijayakumar, learned Additional Government Pleader accepting notice for the 1st respondent and with their consent, the writ petition is disposed of at the admission stage itself. Since the issue involved in the above writ petitions is one and the same, both the petitions are disposed of by the following common order.
2.The petitioner seeks for a direction to the the 2nd respondent to issue transfer certificate and attendance certificate to the petitioner's children D.H.Surendar Sah and D.H.Revathi Bai in pursuant to the applications made by petitioner on 13.02.2015 to the respective 2nd respondent and in the light of the proceedings of the 1st respondent in O.Mu.No.8484/AA5/2014 dated 26.11.2014 without delay.
3.According to the petitioner, due to certain family problems, she was constrained to shift her children, viz., her son and daughter, D.H.Surendar Sah and D.H.Revathi Bai, to a different school and the petitioner is said to have admitted both the children in St.Joseph Matriculation Higher Secondary School at Poonamallee. It is further stated that the children are pursuing their education in the new school and the petitioner seeks for issuance of Transfer Certificate and the Attendance Certificate from the respective old schools. In this regard the petitioner has given representation on 13.02.2015 to the 1st respondent/the Chief Educational Officer and the 1st respondent, vide communication dated 26.11.
2014 has directed the petitioner to file appropriate application for issuance of Transfer Certificate before the school in which her son was studying and the Principal of Victoria Matriculation Higher Secondary School, was directed to consider the said application. So far as the petitioner's daughter D.H.Revathi Bai is concerned, she was originally studying in Khatri Matriculation Higher Secondary School, Kancheepuram and it is submitted that the Management of the said school is willing to give the Transfer Certificate ; but only because the Transfer Certificate has not been given to the petitioner's son by the Management of the Victoria Matriculation Higher Secondary School, Kancheepuram, the other Management is also withholding the certificate.
4.In the light of the above, without going into the merits of the petitioner's claim, taking note of the direction issued by the 1st respondent/Chief Educational Officer, Kancheepuram, dated 26.11.2014,
the petitioner is directed to file appropriate application before both the School Managements requesting for Transfer Certificates and Conduct Certificates for her children and if the same is filed, the respective Managements shall consider the same in accordance with law and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order.
5.The writ petitions are disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To
1. The Chief Educational Officer, Kanchipuram District, Kanchipuram.
2. The Correspondent Victoria Matriculation Higher Secondary School, Rangasamy Kulam, M.M.Avenue, Kancheepuram 631 501.
3. The Correspondent Khatri Matriculation Higher Secondary School, PSK Street, Kanchipuram 631501.
+2cc's to M/s.S.Santhan, Advocate, S.R.No.13529 & 13540 +1cc to the Government Pleader, S.R.No.13919 WP.Nos.6724 and 6725/2015 RSK(CO) CA(18/03/2015)