S.Akash v. The Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.09.2016 Coram THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.25936 of 2016

1. S.Akash rep by his mother Jayachitra

2. Antony Sunil Richard rep by his mother Sheelaraj

...Petitioners

Vs.

1. The Director of School Education, DPI Campus, Nungambakkam, Chennai.

2. The Chief Educational Officer, Chennai -15

3. The Head Master St.Patric Anglo Indian School, Gandhi Nagar, Adyar, Chennai -600 020

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the first respondent to allow the petitioners'' sons to continue the studies in the 10th standard in the 3rd respondent school in the Academic Year 2016-2017.

For Petitioner : Mr.K.Sakthivel For Respondents 1 and 2 : Mr.A.N.Thambidurai Special Government Pleader For Respondent 3 : M/s.A.Arul Mary

O R D E R

The prayer sought for in the Writ Petition, is for issuance of a writ of mandamus to direct the first respondent to allow the petitioners to continue the studies in 10th standard in the 3rd respondent-School for the Academic Year 2016-2017. https://hcservices.ecourts.gov.in/hcservices/

2. Heard Mr.K.Sakthivel, learned counsel appearing for the petitioner, Mr.A.N.Thambidurai, learned Special Government Pleader appearing for respondents 1 and 2 and Ms.Arul Mary, learned counsel appearing for the third respondent.

3. The petitioners are students in 9th standard in the third respondent-School, which is a School recognised by St.Patric Anglo Indian School. It appears that they failed in the 9th standard examination, and therefore, there were not permitted to pass over to the 10th standard. Immediately, the petitioners' parents rushed to the Hon'ble Chief Minister Special Cell. Verification was done, and it was found that the results of the petitioners, as declared by the third respondentSchool is correct, and require no interference. Faced with this situation, the parents of the petitioners' would like to admit their children in a different School.

4.

In the light of the above, there will be a direction to the third respondent-School to issue Transfer Certificate and Conduct Certificate to the petitioners without any adverse remarks, so as to enable them to be admitted to a different School.

5.

Accordingly, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar srn/sd To

1. The Director of School Education, DPI Campus, Nungambakkam, Chennai

2. The Chief Educational Officer, Chennai -15

3. The Head Master St.Patric Anglo Indian School, Gandhi Nagar, Adyar, Chennai 600 020.

+1cc to M/s. R. Prabaharan, Advocate, S.R.No.53440 +2ccs to /s. A. ARul Mary, Advocate, S.R.No.53371 PSK(CO) EU(25/10/2016) Writ Petition No.25936 of 2016 https://hcservices.ecourts.gov.in/hcservices/