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."
CVBR, J
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.
CVBR, J
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
