Madhanlal v. The Chief Education Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No. 20870 of 2021 Madhanlal ....Petitioner -Vs1. The Chief Educational Officer, Office of the Chief Educational Officer, No.58, Old GST Road, Chengalpet - 603001.

2. The Principal / Correspondent, VaelsRavindraBharathi Global School, 41-B, Medavakkam Main Road, Keelkattalai, Chennai - 600117. ...Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to issue transfer certificate, mark statements, and migration certificate, conduct certificate to the petitioner's son Rohit.M without further delay to enable the petitioner to admit his son in another affordable school based o the request made by the petitioner to 1st respondent on 20.09.2021 and the 2nd respondent on 20.09.2021. For Petitioner : M/S R.P.Murugan Raja For Respondents : Mr. A.Selvendran Government Advocate for R1 R2 - No appearance

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the 2nd respondent School to issue the transfer certificate and other certificates to the children of the petitioner who are studying in the 2nd respondent/School.

2. Mr.A.Selvendran, learned Government Advocate takes notice for the 1st respondent.

https://hcservices.ecourts.gov.in/hcservices/

3.The issue involved in the writ petition is squarely covered by the earlier order passed by this Court in W.P.No.13280 of 2020 dated 23.09.2020.

4. In the above order, this Court had directed the 2nd respondent/School to immediately hand over the transfer certificate and other certificates to the students and not to detain them. This Court further held that if there is any arrears of fees that is due and payable to the school, separate proceedings can be initiated to recover the same and that is not a ground to detain the students and not to issue them the transfer certificate and other certificates. The above said order will squarely apply to the facts of the present case also.

5. In the result, the 2nd respondent is directed to immediately act upon the request made by the petitioner and hand over the transfer certificate and other certificates to the student. If according to the 2nd respondent/School there is any arrears of fees recoverable from the student, it is always open to the 2nd respondent to workout its remedy in accordance with law.

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

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sha/rka To

1. The Chief Educational Officer, Office of the Chief Educational Officer, No.58, Old GST Road, Chengalpet - 603001.

2. The Principal / Correspondent, VaelsRavindraBharathi Global School, 41-B, Medavakkam Main Road, Keelkattalai, Chennai - 600117.

+1cc to M/s.R.P.Muruganraja, Advocate, S.R.No.50249 W.P.No. 20870 of 2021 CP(CO) RGA(04/10/2021) https://hcservices.ecourts.gov.in/hcservices/