P.Rekha, v. The Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.09.2016

CORAM

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM WP.Nos.33785 & 33786/2016 P.Rekha ..Petitioner in WP.No.33785/2016 P.Krishnan [minor] rep.by its Next Friend and his father Mr.B.Pyareal .. Petitioner in WP.No.33786/2016 Vs 1.The Director of School Education College Road, Chennai.

2.The District Educational Officer Chengalpat, Kancheepuram District.

3.The Inspector of Matric Schools Kancheepuram District, Kancheepuram.

4.The Principal Sri Sarada Eashwas Mandir Matriculation Higher Secondary School No.4/24, Buddar Street, Pozhichallur Chennai 600 074.

... Respondents in both the writ petitions Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider and pass orders within a time frame on the petitioners' representations dated 28.06.2016 for rectifying the error in the Transfer Certificate by correctly mentioning their caste as Kori caste in Serial No.4 of the Transfer Certificate and by writing 'Yes' against Serial No.5[a] of the Transfer Certificate that he belong to Schedule Caste Community.

For Petitioners :

Mr.K.Govindaraj For RR 1 to 3 : Mr.A.N.Thambi Durai Spl. Government Pleader

COMMON ORDER Heard Mr.K.Govindaraj, learned counsel appearing for the petitioners ; Mr.A.N.Thambi Durai, learned Special Government Pleader accepting notice on behalf of the respondents 1 to 3and with the consent on either side, the writ petition is taken up for final disposal.

The petitioners seek for considering their representations dated 28.06.2016 for rectifying the error in the Transfer Certificate issued to the petitioners which were issued some time in the year 2015. The petitioners place reliance upon the Community Certificates said to be issued by the Tahsildar, Jhansi, stating that the petitioners belong to Scheduled Caste Community as recognised in the State of Uttar Pradesh. The prayer sought for by the petitioners cannot be granted for the simple reason that the respondents cannot verify the authenticity of the Certificates as they have got no jurisdiction in the matter. Therefore, even though the 2nd respondent has directed the 4th respondent - School to take action, it is a futile direction as the 4th respondent cannot find out the genuinity of the said Certificates. Hence, the prayer sought for, cannot be granted. However, it is open to the petitioners to approach the competent authority for doing so. The writ petitions stand dismissed with the above direction. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Director of School Education College Road, Chennai.

2.The District Educational Officer Chengalpat, Kancheepuram District.

3.The Inspector of Matric Schools Kancheepuram District, Kancheepuram.

+1cc to Mr.K.Govindaraj, Advocate Sr.54778 +1cc to Mr.Govindaraj, Advocate sr.55130 [08/11/2016] WP.Nos.33785 & 33786/2016 nm[co] srg 21/10/2016