Telangana High Court
Brilliant Grammar High School vs State Of Telangana on 26 June, 2024
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION No.30123 of 2023
ORDER:
This writ petition is filed seeking to declare the action of respondent No.2 in issuing the impugned proceedings bearing Rc.No.3220/A7/2022 dated 17.10.2023, directing the petitioner- school to take necessary steps to close down the Classes I to X from the academic year 2020-21 to 2029-30 with immediate effect and to give wide publicity among the parents to take necessary steps to admit the children in another school.
2. It is represented by the learned counsel for the petitioner that questioning the closure orders issued by respondent No.2-District Education Officer, Peddapalli District, parents of the students studying in the petitioner-school herein filed a writ petition vide W.P.No.34185 of 2023 and the same was allowed by this Court, vide order dated 03.06.2024, the relevant portion whereof reads as under:
"14. UGC guidelines, dated 23.04.2007, in particular, paragraph No.2 reads as under:
"2. The Commission is of the view that the Institutions/Universities, by way of retaining the certificate in original, force retention of admitted students which limits the opportunities for the candidates from exercising other options of joining other institutions of their choice. However, it would not be permissible for institutions and Universities to retain the School/Institution, Leaving Certificate, mark sheet, caste certificate and other documents in original."2
CVBR, J W.P.No.30123 of 2023
15. This Court opines that the 6th respondent cannot withhold the Transfer Certificate unless and until the amount in dispute as school fee is paid by the petitioner. There is no lien on the certificate of the students since the certificate of the student is his/her property. This Court opines that the right of children to get the Transfer Certificates from one school to join another school for whatever reason cannot be denied by the school authorities merely because the school fee is due, if an amount is due towards fee, the proper course open to the 6th respondent is to file appropriate proceedings against the petitioners for recovery before competent courts and coercive tactics cannot be adopted by the 6th respondent to make the petitioners pay the school fee. This Court opines that there is no justification by the 6th respondent to withhold the certificates of the children of the petitioners.
16. Taking into consideration: (i) the aforesaid facts and circumstances of the case, (ii) the observations of various Court's in the judgments (referred to and extracted above) (iii) the UGC guidelines, dated 23.04.2007, the Writ Petition is allowed as prayed for and the 6th respondent is directed to issue the Transfer Certificates to the petitioners' children within a period of two (02) weeks from the date of receipt of copy of this order."
3. Learned counsel for the petitioner further submits that in view of the direction issued by this Court in the aforesaid writ petition to respondent No.6 therein to issue Transfer Certificates to the students, which is the basis for closure of the petitioner-school, this Court may direct the respondent authorities to re-examine the case of the petitioner and pass appropriate orders for allowing the petitioner-school to run.
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CVBR, J W.P.No.30123 of 2023
4. In view of the aforesaid submissions, this Court without expressing any opinion on merits of the matter, deems it appropriate to permit the petitioner to make a representation to the respondents, duly enclosing copy of the orders passed by this Court in W.P.No.34185 of 2023. On filing such representation, the respondents are directed to consider the same, if the petitioner is found otherwise eligible for running the school, and pass appropriate orders in accordance with law, within a period of two (2) weeks from the date of receipt of a copy of this order. Till such time, respondents are directed not to take any coercive action pursuant to the impugned proceedings vide Rc.No.3220/A7/2022 dated 17.10.2023.
5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
___________________________ C.V. BHASKAR REDDY, J Date: 26.06.2024 ssy/ssp