Karnataka High Court
Kumari Harshitha K D/O Dhananjaya K R vs The State Of Karnataka on 28 July, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC-D:9265
WP No. 107870 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF JULY 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.107870 OF 2024 (GM-RES)
BETWEEN:
KUMARI. HARSHITHA K D/O. DHANANJAYA K. R.,
AGED: 16 YEARS, OCC: STUDENT,
R/O: V.T.C BELAGUTHI, P.O: BELGUTTI,
TQ: NYAMATHI, DIST: DAVANGERE,
REPRESENTED BY NATURAL GUARDIAN FATHER,
DHANANJAYA K. R.,
AGED: 49 YEARS, OCC: AGRICULTURE,
R/O: V.T.C. BELAGUTHI, P.O: BELGUTTI,
TQ: NYAMATHI, DIST: DAVANGERE.
...PETITIONER
(BY SRI. C. S. NAGASHETTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPARTMENT OF EDUCATION,
M. S. BUILDING, BANGALORE - 560 001.
2. THE SECRETARY,
KARNATAKA SECONDARY EDUCATION BOARD
MALLESHWARAM, 6TH CROSS,
BANGALORE, PIN - 560 003.
Digitally signed by
SAROJA
HANGARAKI
Location: High 3. THE BLOCK EDUCATION OFFICER,
Court of
Karnataka, KITTUR, TQ: KITTUR,
Dharwad Bench,
Dharwad DIST: BELAGAVI, PIN - 591 115.
4. THE PRINCIPAL,
KITTUR RANI CHANNAMMA RESIDENTIAL SCHOOL
AND PU COLLEGE FOR GIRLS,
KITTUR - 591 115, TQ: KITTUR,
DIST" BELAGAVI.
...RESPONDENTS
(BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R3;
SRI ANANDKUMAR & SRI. B. ANAND SHETTY, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO, ISSUE WRIT IN THE
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NC: 2025:KHC-D:9265
WP No. 107870 of 2024
HC-KAR
NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO ISSUE
T.C. (TRANSFER CERTIFICATE) AND ORIGINAL MARKS CARD AND
MIGRATION CERTIFICATE OF THE PETITIONER VIDE
ANNEXURE - C AND C1 BY WAY OF HAND DELIVERY OR SEND BY POST
TO CREATIVE PRE-UNIVERSITY COLLEGE, AT KARKALA DIST: UDUPI, BY
ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The Petitioner is before this Court seeking for the following reliefs:
"a. Issue writ in the nature of mandamus directing the Respondent No.4 to issue T.C. (Transfer Certificate) and original Marks Card and Migration Certificate of the Petitioner vide Annexure - C and C1 by way of hand delivery or send by post to creative Pre-University College, at Karkala Dist: Udupi, by allowing this Writ Petition in the interest of justice and equity.
b. Issue any other incidental and consequential direction as this Hon'ble Court deems fit to grant in the fact and circumstances of the case and in the aid main relief."
2. The petitioner was admitted to respondent No.4 School in the 6th Standard in the year 2019 on scholarship basis up to class 12. Not only tuition fees -3- NC: 2025:KHC-D:9265 WP No. 107870 of 2024 HC-KAR and also that health insurance, uniform fees and residential accommodation costs were borne by respondent No.4 - school. The petitioner due to reasons beyond her control wanted to leave respondent No.4 - school and join Pre-University College in Karkala, Udupi and as such has taken admission in Creative Pre-University College, Karkala for the year 2024-25.
3. When the petitioner requested for transfer certificate, original marks card and migration certificate, the same was refused, on the ground that in terms of the agreement entered into between the father of the petitioner and the school, it had been undertaken that the entire scholarship would have to be refunded if the student were to leave the school before completing 12th Standard. It is in that background that the petitioner is before this Court.
4. The father of the petitioner has filed an affidavit which reads as under:
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NC: 2025:KHC-D:9265 WP No. 107870 of 2024 HC-KAR "Herein I, Dhananjaya. K. R Aged: 49 years, Occ: Agriculture, R/o V.T.C Belaguthi P.O: Belgutti P.O:Belgutti Tq: Nyamathi Dist: Davangere, today at Dharwad, do hereby solemnly affirm and state on oath as follows.
1] 1 state that I am minor guardian father of the petitioner in the top noted case, and as such I know the facts and circumstances of the case, Hence I am swearing this affidavit.
2] I state that, I was a guarantor of my daughter and 1 undertake myself to refund the entire whatever the value of the Government Merit Scholarship amount.
3] I state that my daughter was studying in Respondent No:4 institution till Xth standard and now the petitioner has got admission in Creative Pre-University College, Karkal Dist: Udupi for PUC Ist year, now the college authorities are asking the Transfer Certificate, Original Marks Card, and Migration Certificates, hence these documents are required for continuing her studies. But the Respondent No:4 institution has denied for issuance of T.C, original Marks Card and other documents.
4] I state that, today only on 28/07/2025 I am going to pay amount of Rs. 45,000/- to Kittur Rani Channamma Residential Sainik School for Girls Kittur, and whatever the balance scholarship remaining amount I will pay within 6 weeks from today, and also 1 will undertake to return the said scholarship amount in 3 instalments. Hence I pray to this Hon'ble Court kindly give me time to make the balance amount."
5. Learned counsel for the petitioner submitted that ₹45,000/- would be paid simultaneously with hand -5- NC: 2025:KHC-D:9265 WP No. 107870 of 2024 HC-KAR over the marks card, transfer certificate and migration certificate and the balance amount would be paid in 3 equal monthly installments.
6. Sri.B.Anand Shetty, learned counsel for respondent No.4 - school submitted that the total due as on date is ₹2,24,078/-. Thus, the balance ₹1,79,078/- (₹2,24,078 - ₹45,000) i.e. ₹59,692.66/- per month (₹1,79,078/- / 3 months) will be paid in 3 equal monthly installments.
7. Considering that the scholarship was granted for the period in which the scholarship has been availed by the petitioner for the education availed inasmuch as the scholarship for 6th standard has been availed for 6th standard, 7th standard and 8th standard and so on and it is only for 11th and 12th standard that the petitioner is not going forward with the education of the respondent No.4 - school and that respondent No.4 - school will not be providing any scholarship for class 11 and 12, I am of the opinion that the -6- NC: 2025:KHC-D:9265 WP No. 107870 of 2024 HC-KAR submission made by the learned counsel for the petitioner and the affidavit filed by the father of the petitioner is reasonable and would have to be considered. As such, I pass the following:
ORDER i. The writ petition is partly allowed.
ii. Respondents are directed to issue the transfer certificate, migration certificate and original marks card, simultaneously with the petitioner making payment of a sum of ₹45,000/- to respondent No.4 - school.
iii. The undertaking of the petitioner that the balance would be paid in 3 equal instalments over a period of 3 months is placed on record.
iv. In the event of the petitioner and or her father not making payment of the aforesaid amounts as undertaken, liberty is reserved to the respondent No.4 - school to seek for recovery -7- NC: 2025:KHC-D:9265 WP No. 107870 of 2024 HC-KAR of the said amounts as arrears in land revenue and or initiate legal action as permissible.
Sd/-
(SURAJ GOVINDARAJ) JUDGE SH/CT-ASC List No.: 1 Sl No.: 35