Aarohi Bharagava vs The State Of Madhya Pradesh
2025 Latest Caselaw 10907 MP

Citation : 2025 Latest Caselaw 10907 MP
Judgement Date : 10 November, 2025

Madhya Pradesh High Court

Aarohi Bharagava vs The State Of Madhya Pradesh on 10 November, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

          NEUTRAL CITATION NO. 2025:MPHC-JBP:56320




                                                                1                                 WP-42947-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                ON THE 10th OF NOVEMBER, 2025
                                                 WRIT PETITION No. 42947 of 2025
                                                 AAROHI BHARAGAVA
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                              Shri Pankaj Bhatt - Advocate with Ms. Shraddha Pandey - Advocate for the
                           petitioner.
                              Shri Suyash Thakur - Govt. Advocate for the respondents / State.

                                                                    ORDER

This petition is filed seeking the following reliefs :-

(i) Summon the entire material record from the possession of the respondents for its kind perusal.

(ii) Issue Writ under the name of Certiorari for quashing the impugned order dated 8-9/10/2025 (mentioned in ANNEXURE-P/1) as the same is bad in law.

(iii) Issue Writ in the name of Mandamus directing Respondents No. 1 and 2 to properly investigate the complaint and take proper action against the responsible persons according to mandate of RTE, 2009.

(iv) Issue Writ in the name of Mandamus directing Respondent no. 3 to issue the TC of petitioner's daughter without any adverse remark, as well as also refund the caution money with all consequential benefits arising thereto.

(v Any other order/ orders, direction/ directions may also be passed.

(vi) As the petitioner is mother and facing issue since more than half of the year without any fault, so cost of the petition may kindly be awarded. "

2. Facts of the case in brief are that the petitioner has got her daughter admitted in class 1 in Maharashi Vidya Mandir-1, Hoshangabad Road, Ratanpur, Bhopal (MP) before admission, the respondent no. 3 had

NEUTRAL CITATION NO. 2025:MPHC-JBP:56320

2 WP-42947-2025 instructed to deposit caution money which was refundable when the student will complete her education or when request for Transfer Certificate. The petitioner deposited all formal and quarterly fees for Class-1 and after depositing all due amounts, the petitioner requested the respondent no. 3 for issuance of transfer certificate as the petitioner is keenly interested to get the admission of her daughter done in another school i.e. respondent no. 4. The petitioner approached to collect the transfer certificate and submitted a written application for grant of transfer certificate on 2.4.2025 but no transfer certificate has been issued to the petitioner. In the meanwhile, on the assurance of the petitioner, the respondent no. 4 has given admission to the daughter of the petitioner in class 2nd and on 4.4.2025 the petitioner has

deposited the 1st term fees in new school.

3. It is the case of the petitioner that despite clearing all dues of the respondent no. 3, Transfer Certificate (TC) is not being issued to the petitioner. The petitioner's daughter being minor has taken admission in respondent no. 4 Institution and is pursuing her study therein in Class-2nd. However, the respondent no. 4 is asking for submission of Transfer Certificate of the respondent no. 3, despite the several efforts being made by the petitioner, Transfer Certificate is not being issued to her.

4. Counsel for the petitioner has relied upon a judgment passed by the Division Bench of Madras High Court in WA No.3075/2021 decided on 19.7.2024; wherein the similar issue has been taken into consideration and it is held that the school cannot refuse for issuance of Transfer Certificate.

5. It is a specific stand of the petitioner that all dues towards the

NEUTRAL CITATION NO. 2025:MPHC-JBP:56320

3 WP-42947-2025 respondent no. 3 have been cleared by the petitioner. Under these circumstances, the respondent no. 3 is duty bound to issue the Transfer Certificate to the petitioner.

6. Under these circumstances, this Court deems it appropriate to dispose of this petition directing the District Education Officer, Bhopal / Respondent no. 2 to assure that the respondent no. 3 shall issue Transfer Certificate to the petitioner within a period of 15 days from today subject to the verification of the aspect that all the dues towards the respondent no. 3are cleared by the petitioner.

7. With the aforesaid, petition stands disposed of.

(VISHAL MISHRA) JUDGE