JUDGMENT :

S. Sujatha, J.

1. Petitioners, children studying in VYASA International School i.e., respondent No.8 affiliated to CBSE run by respondent No.7-Trust have filed these writ petitions seeking for the following reliefs.

(i) Issue appropriate Writ/Order/ Direction holding that the respondent Nos.7 and 8 are not entitled in law to issue manual Transfer Certificates to the petitioners and therefore quash the Transfer Certificates at Annexures B to B5 enclosed to the letters all dated 03.04.2019 at Annexures A to A5;

(ii) Issue appropriate Writ/Order/ Direction to the respondent Nos.1 to 5 to implement the order bearing No.KSCPCR/50-05/2019/2019-20 dated 21.05.2019/ 30.05.2019 issued by respondent No.6 at Annexure-F;

(iii) Issue a Writ of Mandamus directing the respondent Nos.7 and 8 to forthwith give admissions to the petitioners for the academic year 2019-20 to their respective classes;

(iv) Pass such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, including the award of costs, in the interest of justice and equity.

2. The petitioners are represented by their respective natural guardians/mothers.

FACTS:

3. The petitioners are aggrieved by the respective letters dated 07.04.2019 enclosed with photocopies of the Transfer Certificates to the petitioners issued by the respondent Nos.7 and 8 without their parents requesting for Transfer Certificates. The petitioners/parents had approached the Block Educational Officer against the action of the school who has issued a show-cause notice dated 04.04.2019 to the respondent-School and gave instructions to collect the fees and give admission. It is contended that the respective parents of the petitioners were regularly paying the fees ever since their admission, the respondent Nos.7 and 8 have expelled the petitioners from the school as the parents have raised their voice against the exorbitant fees demanded for the academic year 2018-2019 and the lack of facilities/amenities given in the school. The said issue is now seized of, in litigation before this Court in W.P. Nos.52083-52084/2018.

4. W.P. Nos.19477-19585/2019 were filed by several parents including the parents of the four petitioners herein, to enforce the reports obtained by respondent Nos.1 to 5, as no interim order was granted, the petitioners filed Writ Appeal Nos.1293 and 1304-1411/2019. On the parents of the students/appellants expressing their willingness to pay 75% of the fees relating, to Academic Year 2018-19 and first installment of Academic Year 2019-20, the Hon'ble Court directed the respondent Nos.7 and 8 to give admission to such children/students to their respective classes if such fees are paid by the parents of the children (certain appellants therein) within a period of ten days and to issue Transfer Certificates to the children whose parents had opted for the same [certain appellants]. As regards these children/ petitioners are concerned, the Division Bench provided liberty to approach the learned Single Judge. Hence, these writ petitions are filed.

Submissions on behalf of petitioners

5. Learned Senior Counsel Sri.M.I.Arun representing the petitioners submitted that elementary education is free and compulsory under the provisions of the Right of Children to Free and Compulsory Education Act, 2009 ('RTE' Act for short). Once a student is admitted to a school, for no reason, can be expelled from the school till the completion of elementary education. The attention of the court was drawn to the provisions of the Act particularly, Section 16(4) of the Act which contemplates that no child admitted in a school shall be held back in any class or expelled from the School till the completion of elementary education. Attention was drawn to Section 3 which deals with Right of Child to Free and Compulsory Education. Every child of the age of 6 to 14 years shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary edu