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2026 Supreme(Online)(Ker) 9983
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
SHEENAMMA SAMUEL – Appellant
Versus
KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS – Respondent
WP(C) NO. 20259 OF 2017
For the Appellants/Petitioners: SRI.T.M.RAMAN KARTHA, SMT.K.BINUMOLE THOMAS, SHRI.SREEHARI INDUKALADHARAN
For the Respondents: SHRI.A.DINESH RAO, SMT.MABLE C KURIAN
The court ruled that summons issued without verifying facts constitutes an improper procedure in proceedings related to educational transfers.
Headnote:The court addressed the alleged non-issuance of a Transfer Certificate by the petitioner, a school principal, following the discontinuation of a student's attendance. The court noted that the summons was issued without verifying the fact that the student had enrolled in another school. The petitioner challenged these proceedings. The court concluded by closing the writ petition without prejudice to future actions by the respondent commission.
| Table of Content |
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| 1. challenge to summons without proper verification. (Para 1 , 2 , 3) |
J U D G M E N T
Dated this the 9th day of February, 2026 The writ petition is preferred challenging Ext.P2 summons issued by the Kerala State Commission for Protection of Child Rights.
2. It is the case of the petitioner that she is the Principal of Good Shepherd Modern English School, Palunda. The issue pertains to the alleged non-issuance of Transfer Certificate to the daughter of the 2nd respondent. It is stated that the daughter of the 2nd respondent was a student of Standard III at the petitioner’s school. She discontinued her studies at the school in July, 2015, a fact that was initially not within the knowledge of the petitioner. After attending classes for sixteen days in that month, she failed to appear at the school thereafter. Subsequently, it came to the knowledge of the petitioner that the student had obtained admission to another school. In support of the said contention, the petitioner has produced Ext.P1(a), the attendance register of Class III-B for the month of May to July, 2015, which shows that the student was present only for 16 days during the month of July.
3. It is the contention of the petitioner that the petitioner was put to suffer the proceedings before the Child Welfare Commission unnecessarily regarding the alleged denial of Transfer Certificate, despite the fact that the student had already obtained admission in another school. Without ascertaining these facts, the 1st respondent issued summons to the petitioner.
4. By interim order dated 19.06.2017, this Court had already issued a direction that the petitioner shall not be arrested for two days. It appears that thereafter, no further proceedings were initiated by the 1st respondent Commission. In such circumstances, I deem it appropriate to close the writ petition without prejudice to the contentions of the petitioner, if any further proceedings being initiated by the 1st respondent, without proper notice to the petitioner.
Accordingly, the writ petition is closed.
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