Point of law : If a student omits or fails to pay the fees and contributions due to a school together with the fine due thereon by the last working day of the month in which they are due, his name shall be struck off the rolls of the school on the last working day of the month and may be re-admitted on payment of all school dues including fresh admission fee.

Headnote:
Education Act, 1982 - Andhra Pradesh Education Act, 1992 - Right of Children to Free and Compulsory Education Act, 2009 - Seeks admission - Transfer Certificate - Petitioner is A.P. Private Unaided Schools Management Association represented by its General Secretary - Their grievance is in respect of proceedings in issued by respondent - As can be see above proceedings were said to be issued in view of representation of various teacher unions to authorities of Education Department to take into consideration increased enrolment into schools during instead of taking into consideration child information as on as basis for apportionment of teaching staff and transfer of teachers - In that context Director of School Education having consulted Regional Joint Director of School Education and District Education Officers issued.
Finding of the court :
It is clear that impugned proceedings do not directly affect rights of petitioner association and other private unaided educational institutions and hence said proceedings can be sustained - However at same time on strength of impugned proceedings respondent authorities cannot pressurize private unaided educational institutions to handover T.Cs of students who are migrating from their institutions to other institutions without collecting their legal dues since A.P. Education Rules, 1993 are silent in that regard - Therefore in light of interim order of single Judge in a balance has to be struck to protect interest of both stakeholders.
Result : Petition Disposed of

ORDER :

The petitioner association prays for a mandamus declaring the action of respondents 2 to 19 in not implementing the proceedings in Rc.No.13029/11/2020-EST 3-CSE dated 27.10.2020 issued by 2nd respondent as illegal, arbitrary and violative of Articles 14, 19 and 300A of Constitution of India besides contravention of the provisions of the Andhra Pradesh Education Act, 1992 and the Rules framed thereunder and also the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and for a consequential direction to the respondents 2 to 19 to implement clause 4 of the impugned proceedings issued by 2nd respondent.

2. The petitioner is the A.P. Private Unaided Schools Management Association, represented by its General Secretary. Their grievance is in respect of the proceedings in Rc.No.13029/11/2020-EST 3-CSE dated 27.10.2020 issued by 2nd respondent. As can be seen, the above proceedings were said to be issued in view of the representation of various teacher unions to the authorities of Education Department to take into consideration the increased enrolment into the schools during 2020-2021 instead of taking into consideration the child information as on 29.02.2020 as basis for the apportionment of teaching staff and transfer of the teachers. In that context, the Director of School Education having consulted the Regional Joint Director of School Education and District Education Officers issued the following instructions:

(1) Re-apportionment exercise should be taken up basing on the Child Info as on 02.11.2020 but not Child Info as on 29.02.2020 data.

(2) Child Info data should be updated in cases like New admissions, Migrated children, Govt., to Govt.

(3) The Mandal Educational Officers / Headmasters should take action of updating of Child info in case of children admitted from Private Un-Aided Schools to Govt., Schools.

(4) In case of admissions from private schools to Government schools the concerned Headmaster has to take undertaking from the parent of the child along with Aadhar Number duly stating that the parent is willing to admit their children in the school and TC will be submitted later. The Headmaster (including High School) should handover the parent declarations to the concerned MEO duly counter signing on the declarations.

(5) The Mandal Educational Officers should take up the responsibility to clear the drop boxes of child info.

(6) The Mandal Educational Officers / Headmasters should update the child info accordingly and “TOP PRIORITY” should be given to this item of work.

Instruction No.4 reads that in case of students migrating from private schools to Government schools, the concerned Headmasters are directed to take undertaking from the parent of the child along with Aadhar number duly stating that the parent is willing to admit their children in the school and T.C. will be submitted later. The Headmaster should handover the aforesaid declarations of the parent to the concerned M.E.O. duly countersigning on the declarations. In essence, if the students withdraw from private unaided educational institutions and seeks admission into Government aided schools, the Headmasters of such schools shall provide admission to such students without insisting for the Transfer Certificate (TC) / School Leaving Certificate from the concerned students. Suffice if the Headmaster obtains an undertaking from the parent of the pupil that he is willing to admit his child in the school and TC will be submitted later. The above instruction No.4 is the bone of contention in the instant case.

3. Heard M Sri. Vijay, learned counsel for petitioner, and learned Government Pleader for School Education representing the respondents.

4. The submission of learned counsel for petitioner is that in view of prevalence of COVID-19 pandemic during Academic Year 2019-20, the Government of India formulated certain guidelines in the education field. One of which is the non-insistence of T.C. from the students who seek fresh admission in

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