Madras High Court
WP/20279/2020 of Gopal Ramachandran Vs The Chief Educational Officer on 30 December 2020
COURT OF JUDICATURE AT MADRAS DATED :30.12.2020 CORAM THE HON'BLE
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
Gopal Ramachandran ...Petitioner
Vs.
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1. The Chief Educational Officer, Office of the Chief Educational Officer, No.58, Old GST Road, Chengalpet 603 001
2. The Principal / Correspondent, Vaels Ravindra Bharathi Global School, 41-B, Medavakkam Main Road, Keelkattalai, Chennai – 600 117 ...Respondents Prayer: Writ Petition filed under Article 226 of theConstitution of India praying to issue a Writ of Mandamus,directing the 2[nd] respondent to issue transfer certificate, markstatements, and conduct certificate to the petitioner's sonG.Rohith and daughter G.Jaishree without further delay, toenable the petitioner to admit them in another affordable schoolbased on the request made by the petitioner dated 21.07.2020 and19.12.2020 herein.
For Petitioner : Mr.M.PurushothamanFor R1 : Mr.C.Munusamy, Special Government PleaderFor R2 : Mr.Abdul Saleem I heard Mr.M.Purushothaman, the learned counsel for thepetitioner. Mr.C.Munusamy, Special Government Pleader, tooknotice for the first respondent, and Mr.Abdul Saleem, thelearned counsel took notice for the second respondent. Byconsent, the writ petition was taken up for disposal at theadmission stage.
2. The learned counsel for the petitioner pointed out thatthe subject matter of this writ petition is covered by earlierorders of this Court. In particular, he referred to the order
https://hcservices.ecourts.gov.in/hcservices/
dated 17.10.2019 in WP(MD)No.20726 of 2019 and the more recentorder dated 04.11.2020 in W.P.No.15222 of 2020 in respect of thesame school.
3. The learned counsel for the second respondent alsoconcurs that this matter is covered by the earlier orders.
4. Upon perusal of the aforesaid orders and on examiningthe documents on record, I find that the school has neither astatutory nor contractual lien over these certificates.Accordingly, this writ petition is disposed of by directing thesecond respondent School to hand over the transfer certificate,marks statements, conduct and other certificates to the studentconcerned within one week from the date of receipt of a copy ofthis order. As regards arrears of fees, if any, the School isentitled to initiate separate proceedings in respect thereofagainst the parents of the student. It is also made clear thatthe arrears of fees should not be indicated on any of thecertificates that are handed over to the student. However, itis open to the School to hand over or send a separatecommunication pertaining to such arrears of fees to the parentsof the student concerned. No costs.
Sd/-
Assistant Registrar(VACATION OFFICER)//True Copy//
Sub Assistant Registrarlok
To
1. The Chief Educational Officer, Office of the Chief Educational Officer, No.58, Old GST Road, Chengalpet 603 001
2. The Principal / Correspondent, Vaels Ravindra Bharathi Global School, 41-B, Medavakkam Main Road, Keelkattalai, Chennai – 600 117
+1cc to M/s.M.Purushothaman, Advocate, S.R.No.43213
MG(CO)KKV/31/12/2020