IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.21700/2019 (EDN – RES) BETWEEN:
1. SMT.PRABHAVATHI K., W/O SRI DHANDAPANI, AGED ABOUT 36 YEARS OCC: NIL (HOUSE WIFE), R/AT NO.141, 6TH CROSS, DEVEGOWDA LAYOUT, ADUGODI, HOSUR ROAD, BANGALORE-560030 2. KUMARI SHRIYA D., D/O S.DHANDAPANI & SMT.K.PRABHAVATHI, AGED ABOUT 11 YEARS OCC: STUDENT 3. KUMARI ISHITHA D., D/O S.DHANDAPANI & SMT.K.PRABHAVATHI, OCC: STUDENT SINCE PETITIONER Nos.2 & 3 ARE MINORS ARE BEING REP BY THEIR NATURAL GUARDIAN MOTHER SMT.K.PRABHAVATHI PETITIONER No.1.
PETITIONERS Nos.2 & 3 ARE R/AT WITH THEIR MOTHER, SMT.K.PRABHAVATHI THE PETITIONER No.1 IN THE ADDRESS SHOWN IN THE CAUSE TITLE OF PETITIONER No.1 …PETITIONERS (BY SRI L.S.CHIKKANAGOUDAR, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY SCHOOLS) REP BY THE SECRETARY, EDUCATION DEPARTMENT, M.S. BUILDING ANNEXE, Dr. B.R.AMBEDKAR VEEDHI, BANGALORE-560001 2. THE BLOCK EDUCATION OFFICER K.R.PURAM ZONE, TALUK OFFICE ROAD, GOVT. SCHOOL CAMPUS, K.R.PURAM, BANGALORE-560036 3. AUXILIUM SCHOOL BANDIPURA VILLAGE, OLD MADRAS ROAD, VIRGONAGAR POST, BANGALORE-560049 REP BY ITS PRINCIPAL 4. St. MARY IMMACULATE CONVENT SCHOOL WILSON GARDEN, BANGALORE-560027 REP BY ITS PRINCIPAL 5. SRI DANDAPANI S/O SRI BISVEMBER SHETTY, AGED ABOUT 41 YEARS OCC. SENIOR MANAGER-QA/QC IN CAPACITE INFRA PROJECTS LTD., R/AT C/O MUNIRAJAPPA, WATER SUPPLIERS, OPP. RAJAPPA STORES, KONADASAPURA, BUDIGERE CROSS, BANGALORE-560049. …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA FOR R-1 & R-2; SISTER THERESA T.C., ADV. FOR R-3;
R-5 SERVED UNREPRESENTED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-3 TO ISSUE TRANSFER CERTIFICATE OF PETITIONERS NO.2 AND 3 FOR ENABLING PETITIONER NO.2 AND 3 TO PURSUE THEIR SIXTH STANDARD EDUCATION IN R-4 SCHOOL BY FURTHER DIRECTING THE R-4 TO PERMIT AND NOT TO CANCEL THE ADMISSIONS OF PETITIONER NO.2 AND 3 GIVEN BY THEM FOR SIXTH STANDARD IN R-4 SCHOOL.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a direction to the respondent No.3 to issue Transfer Certificates of petitioner Nos.2 and 3 for enabling them to pursue their sixth standard education in respondent No.4 school.
2. On 01.07.2019, Sister Theresa T.C., representative of the respondent No.3 was present before the Court. It was submitted that the said School has no objections to issue Transfer Certificates of the petitioner Nos.2 and 3 to the petitioner No.1 or to the respondent No.4 or to the school or to any person provided that this Court is ordering the same. It was on the request made by the respondent No.5 not to issue the transfer certificates to the petitioner or any person regarding petitioner Nos.2 and 3 studying in the said school, no Transfer Certificates were issued. The said submission has been recorded by this Court in the order dated 01.07.2019. As the respondent No.5 though served was not present on that day, the matter was directed to be listed today. Even today, there is no representation on behalf of the respondent No.5.
3. It is prima facie apparent that, it is the inter se dispute between the petitioners and the respondent No.5 which has resulted in filing this writ petition seeking for a direction to the respondent No.3 to issue Transfer Certificates.
4. Having regard to the facts and circumstances of the case more particularly, keeping in mind the interest of the students/petitioner Nos.2 and 3, this Court is of the considered opinion that the interest of justice would be sub-served in directing the respondent No.3 to issue Transfer Certificates of the petitioner Nos.2 and 3 as prayed by the petitioner No.1 for enabling them to pursue their studies in the respondent No.4 school.
The respondent No.3 shall issue the transfer certificates relating to the petitioner Nos.2 and 3 as aforesaid expeditiously. Ordered accordingly.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.