##PAGE1##

W.P.No.47887 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2026

CORAM :

THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.47887 of 2025

Barath B .. Petitioner

Versus

1. The State of Tamil Nadu,

rep. by its Principal Secretary to Government,

School Education Department,

Secretariat, Fort St. George,

Chennai – 600 009.

2. The Director of Matriculation Schools,

DPI Campus, College Road,

Chennai – 600 006.

3. The Director of School Education,

DPI Campus, College Road,

Chennai – 600 006.

4. The Chief Educational Officer,

D.No.514, 5th Floor,

Tiruppur Collectorate,

Tiruppur – 641 604.

5. The District Educational Officer,

D.No.632, 6th Floor,

Tiruppur Collectorate,

Tiruppur – 641 604.

1/7

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/02/2026 08:32:09 pm )

W.P.No.47887 of 2025

6. The Correspondent,

Vikas Vidyalaya Matriculation

Higher Secondary School,

Uthukuli Road, Koolipalayam Road,

Vaavipalayam, Tiruppur – 641 666. .. Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India

seeking a Writ of Mandamus directing the respondent Nos.1 to 5 to take

action against the sixth respondent and direct the sixth respondent

immediately to issue the Original Mark Sheets, Transfer Certificate and

Conduct Certificate of the petitioner’s son namely Sanjay, S/o.Barath in

accordance with law within a reasonable time as may be fixed by this

Court.

For Petitioner : Mrs.S.Nadhiya

For Respondents : Mr.A.M.Ayyadurai,

Government Advocate,

for RR-1 to 5

: Mrs.S.Suneetha, for R6

ORDER

This Writ Petition is filed for a mandamus directing the

respondent Nos.1 to 5 to take action against the sixth respondent for not

issuing Original Mark sheets, Transfer Certificate and Conduct Certificate

of the petitioner’s son namely, Sanjay, in accordance with law.

2. The case of the petitioner is that he is a Daily Wage Labourer

2/7

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/02/2026 08:32:09 pm )

W.P.No.47887 of 2025

and his elder son, Sanjay and younger son, Darshan studied in the sixth

respondent School. It is seen that the fees were due in respect of both the

children. Now, the school is not parting away with the Transfer Certificate

and the other original documents of the petitioner’s son, Sanjay. Hence,

this Writ Petition.

3. When the matter is taken up for hearing, the learned Counsel

for the sixth respondent School, by producing an affidavit filed by the

petitioner, would submit that the school in this case, considering the

financial difficulty of the parent, permitted the children to continue and

undergo the education for the years together and a total fee of

Rs.3,95,150/- is now due to the school. The sum of Rs.2,25,550/- is due

towards B.Sanjay and a sum of Rs.1,69,600/- is due towards B.Darshan.

Earlier, when the other son was transferred to the other school, on

05.11.2024, the petitioner also submitted an affidavit undertaking to pay

the balance outstanding in monthly installments of Rs.80,000/- each. That

promise was also not kept by the petitioner.

4. I have considered the rival submissions made on either side

and perused the material records of the case.

3/7

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/02/2026 08:32:09 pm )

W.P.No.47887 of 2025

5. It is true that this Court has been issuing directions holding

that the educational authorities, including the private schools, cannot

withhold the certificates of a student for non-payment of fees. At the same

time, when a school like the sixth respondent School which was fair

enough to give a long rope for a parent to pay the fee, their interests should

also be safeguarded. Especially, when the petitioner has earlier filed an

affidavit, without considering the arrears, this Court should not pass the

order. In view thereof, in the facts and circumstances in the present case,

this Court opined that if only the petitioner undertakes to pay the balance

in installments, the direction would be given. The learned Counsel took

time to get instructions and today, would submit that if installments