Ajay Singh vs State Of Rajasthan
2021 Latest Caselaw 17102 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15014/2021

Ajay Singh S/o Lal Singh, Aged About 55 Years, 5-K-14, Kudi Bhagtasni Housing Board, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Education Department, Secretariat, Jaipur, (Raj.).

2. Director, Education Department (Secondary), Bikaner.

3. Deputy Director, Education Department (Secondary), Jodhpur Rajasthan.

4. District Education Officer, Secondary Education, Jodhpur (Raj.)

5. The District Collector, Jodhpur.

6. Vidhya Velly Senior Secondary School, New Power House Road, Opposite Rajasthan Industries, Shastri Nagar, Jodhpur Through Its Principal And Competent Authority.

----Respondents

For Petitioner(s) : Mr. Girish Sankhla

JUSTICE DINESH MEHTA

Order

16/11/2021

1. Mr. Sankhla, learned counsel for the petitioner, submits that

the petitioner would be satisfied if the District Education Officer,

Jodhpur is directed to consider petitioner's representation dated

15.09.2021 for issuance of T.C. of his children, and the same is

decided expeditiously.

2. The Madras High Court (Madurai Bench) vide its judgment

rendered in the case of K. Palanisamy v. The Correspondent

Vidya Matriculation School & Ors [W.P. (MD) No. 20726 of

(2 of 3) [CW-15014/2021]

2019] has held that school certificates, mark sheets, etc. of a

student are a student's property and cannot be retained by an

educational institution citing any monetary claim. It has further

been noted that as a minor, a child cannot be made to suffer

consequences for the parent's default (if any).

3. The present writ petition is disposed of with the following

directions:

(i) The Petitioner shall file a fresh representation alongwith a

photocopy of the earlier representation dated 15.09.2021, a

certified copy of the order instant and the judgment

rendered in K. Palanisamy v. The Correspondent Vidya

Matriculation School & Ors (supra) before respondent

no. 3 - the District Education Officer, Jodhpur.

(ii) On receipt of the representation, the District Education

Officer - respondent No.3 shall consider the same in accor-

dance with law as early as possible, preferably within a pe-

riod of two weeks of receipt of the representation.

(iii) It will be open to the respondent no. 6 to file a suit

against writ petitioner if there is any fee balance or arrears

and if the Respondent No. 6 School chooses to do so, the

jurisdictional civil Court shall adjudicate upon the suit unin-

fluenced by and un-trammeled by any observation made in

this order.

3. It is made clear that aforesaid direction to decide the

petitioner's representation has been issued only with a view to

ensure expeditious redressal of petitioner's grievance. The same

(3 of 3) [CW-15014/2021]

may not be construed to be an order to decide the representation

in a particular manner.

4. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

61-skm/-

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