Telangana High Court

WP/10675/2026 of Smt. Archana Vs The State of Telangana on 7 July 2026

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI WRIT PETITION NO: 10675 OF 2026 Between: 1. Smt. Archana, w/o. Vishwa Sai Mogili, Aged 42 years, occ-

132s7 1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original J urisdiction)

TUESDAY, THE SEVENTH DAY OF JULY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

WRIT PETITION NO: 10675 OF 2026

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1. Smt. Archana, w/o. Vishwa Sai Mogili, Aged 42 years, occ- house hold, R/o H.No.781/1, Hindi Nagar, Goshamahal, Hyderabad - 500012

2. Minor Vedansh Mogili, S/o. Vishwa Sai Mogili, Aged g years, (DBO) 06-10- 2016,Sth Class student, Rep. by his natural mother cum guardian Petitioner No.1 herein.

3. Minor Vibhansh Mogili, S/o. Vishwa Sai Magill, Aged 6 years, (DBO) 29-04- 2019,3rd Class student, Rep. by his natural mother cum guardian Petitioner No.1 herein. ...PETITIONERS AND

1. The State of Telangana, Rep. by its Principal Secretary, Education Department, Secretariat, Hyderabad, Telangana.

2. The District Education Officer, Ranga Reddy District, Telangana.

3. The Principal, Johnson Grammar School (!CSE), Door No.6A, 68-7A, Balaji Nagar, Mansoorabad, behind Kamineni Hospital, L.B. Nagar, Hyderabad - 500068.

4. Mr. Vishwa Sai Mogili, S/o. Ashock Kumar, aged about 45 years, Occ- Software TCS, R/o. H.No3--14-194, Vijayanagar Colony, Mansoorabad, L.B.Nagar, Ranga Reddy, Telangana - 500 068.

5. Smt. Swetha, Wo. late Prithesh, Aged about 43 years, Occ- Admin. , in 3ohnson Grammar School, L.B Nagar, R/o. H.No.3-14-194,vijayanagar Colony, Mansoorabad ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased lo pass an order or direction, more particularly one in the nature of the writ of Mandamus. a.declare the actron of the Respondents in not considering and rJisposing of the Representation dated 18-03-2026 and in not issuing Transfer Certificates to Petitioner Nos.2 and 3 as illegal, arbitrary, unconstitutional and violative of fundamental rights, and b.Consequently, direct the Respondents No.3, to issue Transfer Certificates of the Petitioner No.2-3 to the Petitioner no.1 unconditionally in the interest of justice. l.A. NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to pass an interim measure, direct the Respondents No.3, to issue Transfer Certificates of the Petitioner No.2-3 to the Petitioner no.1 unconditionally in the interest of justice, pending disposal of the writ petition. Counsel for the Petitioner : SRI SUDARSHAN MALUGARI Counsel for the Respondents No.1&2: GP FOR EDUCATION Counsel for the Respondents No.4 : SMT.P.BHAVANA RAO Counsel for the Respondents No.3&5 : The Gourt made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE JUWADISRIDEVI Smt.Archana and two others. AND The State of Telangana, Rep. by its Principal Secretary, Education Department, Secretariat, Hyderabad, Telangana and four others. DATED 7TH JULY. 2026 RDER: ... Petitioners ... Respondents This writ petition is filed seeking the following relief: "P/eased to pass an order or direction, more paftbularly one in the nature of the writ of Mandamus.

a. declare the action of the respondents in not considering and disposing of the representation dated 18.03.2026 and in not issuing Transfer Ceftificates to petitioner Nos.2 and 3 as illegal, ahitmry, unconstitutional and violative of fundamental ights, and

b. Consequently, dtect the respondeats No.3, to issue Transfer Ceftificates of the pefifioner Nos.2 and 3 to the petitioner no.1 unconditionally in the interest of justice.' Heard Mr.Sudarshan Malugari, learned counsel for the respondent No.4.

petitioners and Smt. P.Bhavana Rao, learned counsel for respondent No.4 are the biological mother and father of petitioner Nos.2 and 3. Petitioner No.1 is the natural guardian of petitioner

3. The case of the petitioners is that petitioner No.'l and .fr-

Nos.2 and 3, aged about 9 and 6 years, respectively. Petitioner Nos.2 and 3 studied lV and ll Classes respectively, during the academic year 2024-2025 in respondent No.3-School, L.B. Nagar, while residing at H No.781/1, Hindi Nagar, Goshamahal, Hyderabad. Further case of the petitioners is that respondent No'3- school is situated at about 13 lo 14 kilometers away from their residence, requiring nearly 30 kilometers of daily travel in heavy traffic, causing hardship to the minor children. Further, respondent No.3-school provides education only up to V Class at L.B. Nagar and from Vl Class onwards at Kuntlur Campus, which is more than 25 kilometers away. Therefore, petitioner No'1 decided to change thE-school and secured admission for petitioner Nos.2 and 3 in Howard Public School, Himayat Nagar. The children have been attending classes from 01 .04.2026 after payment of the requisite fee and the said school insisted upon Transfer certificates from respondent No.3, who, though initially agreed to issue the same, subsequently refused to do So, as respondent No.4 made a representation to respondent No.3 and insisted that petitioner Nos.2 and 3 should continue their studies in respondent No'3- school. Hence, the present writ petition.

4. Learned counsel for the petitioners submits that petitioner No.1 is the natural guardian of petitioner Nos.2 and 3 and has been the sole caretaker of the minor children. Keeping in view the health and welfare of the children and considering the inconvenience due to long-distance travel and the resultant physical strain, petitioner No.1 has taken a bona fide and necessary decision to shift the children to a nearby school at Goshamahal, in the best interest of their health, safety, and education. Learned counsel further submits that respondent No.4 filed FCOP No.1337 ot 2025 seeking divorce and GWOP No.268 of 2026 seeking custody of the minor children before the Family Court, lntegrated Family Court Complex, Hyderabad, and the same are pending adjudication. As respondent No.4 is objecting for issuance of Transfer Certificates, respondent No.3 is not issuing the same to the petitioners. Learned counsel further submits that M/s. Howard Public School, Himayath Nagar, where petitioner Nos.2 and 3 have already secured admission and have been attending classes from 0'l .04.2026, has insisted upon submission of the Transfer Certificates issued by respondent No.3 on or before 10.07.2026, as the same are required for completion of admission formalities and continuation of their education in the -t- said school. Therefore, he prayed this Court to direct respondent No.3 to issue Transfer certificates of petitioner Nos.2 and 3.

5. Learned counsel for respondent No.4 submits that the area where petitioner No.1 is residing is purely a commercial area and there are no schools of such repute and impeccable standards. Respondent No.4 is ready to bear the transport charges, if required, for the children to attend respondent No.3-school. However, changing the school will certainly affect the academics of petitioner Nos.2 and 3. Therefore, respondent No.4 raised an objection before the Principal of respondent No.3-school against issuing the Transfer Certificates. Learned counsel further submits that matrimonial disputes are pending before the trial court.

6. Considering the submissions made by both parties, and having regard to the age of petitioner Nos. 2 and 3 and the fact that the welfare, health, and continuity of education of the minor children are of paramount consideration, this Court is of the considered view that requiring the minor children to travel a long distance on a daily basis would cause hardship and physical strain.

7. ln view of the above, keeping in view the best interest and welfare of the minor children, this Writ Petition is disposed of, directing respondent No.3 to issue the Transfer Certificates of petitioner Nos.2 and 3 to petitioner No'1 on or before 09'07'2026' No costs. Pending miscellaneous applications, if any, shall stand closed SD/-A.JAYASREE SECTION OFFICER 1 . The Principal Secretary, State of Telangana, Education Department, Secretariat, Hyderabad, Telangana.

2. The District Education Officer, Ranga Reddy District, Telangana.

3. One CC to SRI SUDARSHAN MALUGARI, Advocate. [OPUC]

4. Two CCs to GP FOR EDUCATION High Court for the State of Telangana' at Hyderabad [OUT]

5. One CC to SMT.P.BHAVANA RAO, Advocate. TOPUCI

6. Two CD Copies. BSK G

E To,

HIGH COURT DATED: 0710712026 WP.No.l0675 ot 2 2n DISPOSIN OF THE WRIT PETITION CC TODAY = G c a I c '9 q H* orr I ir v +

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