IMPORTANT POINT
Schools cannot withhold transfer certificates for unpaid fees, as it infringes on the right to education guaranteed under the Constitution.

ORDER :

1. Heard Mr.Y.Soma Srinath Reddy, learned counsel appearing on behalf of the petitioners, learned Government Pleader for Education appearing on behalf of respondent Nos.1 to 5 and Mr.M.P.K.Aditya, learned counsel appearing on behalf of respondent No. 6.

2. The Petitioners approached the Court seeking prayer as under:

“.....to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of respondent No. 3 and 4 in not taking action against the respondent No. 6 for not issuing the transfer certificates to the petitioners children as arbitrary, illegal, unjust, unfair and violative of Art.14, 21-A of Constitution of India and consequently direct the 6” respondent to issue the transfer certificates to the petitioners children and pass such other order or orders.......”

3. The case of the Petitioners as per the averments made by the petitioners in the affidavit filed by the petitioners in support of the present Writ Petition, in brief, are as follows:

(a) The Petitioners are parents of students who are studying at Brilliant Grammar High School, Godavarikhani. All the students were pursuing their schooling at the 6th respondent school and previously got admitted at the Brilliant Grammar High School, Godavarikhani.

(b) The 6th respondent did not give Transfer Certificate and the 6th respondent harassed the petitioners to make additional payment apart from the balance fee payment in order to issue the Transfer Certificate. Upon the petitioners’ sincere request, the 7th respondent accepted to join petitioners’ children to the 7th respondent school subject to the condition that the Transfer Certificate would be given to them at the earliest. While, petitioners tried to persuade to give petitioners’ children’s Transfer Certificates, the 6th respondent has failed to issue the same and resorted to making illegal demands time and again.

(c) The 7th respondent on numerous occasions informed the petitioners herein to submit the Transfer Certificates at the earliest and also indicated that the admission was provided only on the assurance that the Transfer Certificates of the said students would be provided at the earliest. For which, petitioners requested for additional time to submit the Transfer Certificates as the same was not being released by the 6th respondent.

(d) Left with no other opinion, the petitioners made several representations to the 4th & 6th respondents addressing petitioners grievance, but to no avail as the petitioners did not receive any reply except on one occasion where the 4th respondent has indicated vide proceedings Rc.No. 999/A7/2022, undated August, 2022 that the Transfer Certificate can be provided upon payment of balance fee to the 6th respondent, there is no pending fee which has to be paid to the 6th respondent and as such the petitioners could not be fastened with such liability.

(e) It is specific case of the petitioners that the petitioners requested further time before the 7th respondent. The 7th respondent stated that they were helpless as the 4th respondent issued closing orders vide proceedings bearing Rc.No. 3220/A7/2022, dated 17.10.2023, thereby the 2nd respondent on the basis of closing orders dated 17.10.2023, directed the petitioners to take necessary steps to close down the classes I to X for not submitting Transfer Certificates of the children of the petitioners. When the 7th respondent has challenged the closing orders vide proceedings bearing Rc.No. 3220/A7/2022, dated 17.10.2023, this Court passed Interim orders observing as under:

“Taking into consideration the fact that the petitioner-Institution is an Institution imparting Education to around 900 students, this court opines for the sake of non-submission of transfer certificates in respect of the 46 students, the other students cannot be penalized and put to hardship in the midst of the Academic year. Moreover, the learned counsel appearing on behalf of the petitioner-Institutio