Kerala High Court
Abdulla C vs State Of Kerala
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
THURSDAY, THE 7TH DAY OF JUNE 2012/17TH JYAISHTA 1934
WP(C).No. 6207 of 2012 (A)
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PETITIONER :
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ABDULLA C.,
CHENGARAI HOUSE, CHUNGATHARA, NILAMBUR
MALAPPUARAM.
BY ADVS.SRI.V.V.ASOKAN
SRI.P.P.RAMACHANDRAN
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT
SECRETRIAT, THIRUVANANTHAPURAM-695 001.
2. THE COUNCIL FOR THE INDIAN SCHOOL CERTIFICATES EXAMINATION
REPRESENTED BY ITS CHIEF EXECUTIVE SECRETARY
PRAGATHI HOUSE, NEW DELHI-110 019.
3. THE COMMISSIONER
THE STATE COMMISSION OF PROTECTION OF CHILD RIGHTS
THIRUVANANTHAPURAM-695 001.
4. THE PRINCIPAL
GOOD SHEPHERD MODERN ENGLISH SCHOOL
PALUNDA CHUNGATHARA, NILAMBUR
MALAPPUARAM -679 329.
5. THE MANAGER,
GOOD SHEPHERD MODERN ENGLISH SCHOOL
CHUNGATHARA, NILAMBUR
MALAPPUARAM -679 329.
6. THE PRINCIPAL
EDAVANNA JAMIA HIGHER SECONDARY SCHOOL, EDAVANNA
MALAPPUARAM-679 329.
7. DIRECTOR OF EDUCATION
DEPARTMENT OF EDUCATION
THIRUVANANTHAPURAM-695 001.
R1, R3 & R7 BY GOVT. PLEADER SRI. M.A. FAYAZ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-06-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 6207 of 2012 (A)
APPENDIX
PETITIONERS' EXHIBITS :
EXHIBITS P1. TRUE COPY OF THE DOWN LOADED PRINT OUT OF THE MARK SHEET
DATED NIL.
EXHIBITS P1a.TRUE COPY OF THE REQUEST OFFERED FOR SUBMISSION BEFORE THE
4TH RESPONDENT DATED 9.3.2011.
EXHIBITS P2. TRUE COPY OF THE COMMUNICATION GIVEN BY THE 6TH RESPONDENT
DATED 30.1.2012.
EXHIBITS P3. TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE
CONSUEMR DISPUTES REDRESSAL FORUM, MALAPPURAM DATED
25.7.2011.
EXHIBITS P4. TRUE COPY OF THE VERSION FILED BY THE 4TH RESPONDENT DATED
27.9.2011
EXHIBITS P5. TRUE COPY OF THE INTERIM ORDER PASSED BY THE COSUMER
DISPUTES REDRESSAL FORUM DATED 27.9.2011.
EXHIBITS P6. TRUE COPY OF THE KERALA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION DATED 28.11.2011.
EXHIBITS P7. TRUE COPY OF CIRCULAR ISSUED BY THE 4TH RESPONDENT DATED
6.12.2011.
EXHIBITS P8. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT DATED 3.8.2011.
EXHIBITS P9. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER
BEFORE THE 7TH RESPONDENT DATED 4.8.2011.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.S. TO JUDGE
Mn
S.SIRI JAGAN, J.
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W.P.(C).No. 6207 of 2012
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Dated this the 7th day of June, 2012
J U D G M E N T
The petitioner is the father of Miss.Hiba Abdulla, a minor. She was studying in Good Shepherd Modern English Medium School, Palunda, Chungathara. She shifted her studies to Edavanna Jamia Higher Secondary School. On such shifting of the school, the 4th respondent refused to issue transfer certificate, migration certificate, pass certificate, conduct certificate etc. The petitioner approached the Consumer Disputes Redressal Forum, Malappuram, who passed Ext.P5 interim order in C.C.No.176/2011, which reads as follows;
"2. In such circumstance we direct first opposite party to produce the Transfer Certificate, Mark list, Pass Certificate, Conduct Certificate and Migration Certificate of the student Hiba Abdulla on 28.9.2011 before the Forum to be handed over to the complainant from the Forum. Opposite party has submitted that Transfer Certificate can be issued immediately as it is computer generated. We therefore post the case to tomorrow and direct opposite parties to produce the above documents before the Forum to be handed over to the complainant."
2. The 4th respondent challenged the same before the Kerala State Consumer Disputes Redressal Commission, who passed Ext.P6 order confirming Ext.P5 order. Even thereafter, the transfer certificate, migration certificate, pass certificate and w.p.c.6207/12 - : 2 :-
conduct certificate were not issued to the petitioner's daughter.
It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:
"(i) Issue a writ of mandamus or other appropriate writ or order directing the Respondents 1 to 4 and 7 to take immediate steps forthwith to ensure issuance of transfer certificate, pass certificate, migration certificate, conduct certificate, mark list etc. to the petitioner's daughter Hiba Abdulla to pursue her studies in the school of the 6th respondent.
(ii) Issue a writ of mandamus or other appropriate writ or order directing the 6th Respondent to ensure completion of the studies for the petitioner's daughter - Hiba Abdulla in the school of the 6th respondent without any interruption or hurdle.
(iii) Issue a writ of mandamus or other appropriate writ or order directing the 5th respondent as well as the 7th respondent to initiate disciplinary proceedings against the 4th respondent for not issuing transfer certificate and other testimonials to a student in the light of the mandatory provision contained in Section 5 of Act 39 of 2009."
3. After notice to the parties, the 4th respondent appeared in person and after hearing him, a learned Single Judge of this Court passed the following order on 27.3.2012:
"Heard the learned counsel for the petitioner and the 4th respondent who appeared in person.
2. The 4th respondent, who appeared in person, submitted that if the petitioner complies with the terms suggested and pays the entire dues, the 4th respondent is prepared to issue the Transfer Certificate. It is also submitted that he is prepared to give some concession also. The same is not agreed to by the learned counsel for the petitioner. It is also submitted that the State Consumer Disputes Redressal Forum has passed Exhibit P6 order, against which the 4th respondent had approached the National Forum and it is stated that they are approaching the Apex Court against the order w.p.c.6207/12 - : 3 :-
passed by the National Forum.
Therefore, for the present, I will direct the 6th respondent to permit the child of the petitioner, namely Hiba Abdulla, to continue her studies without insisting for production of the Transfer Certificate.
Post on 05.06.2012."
4. Today when the matter was taken up, the 4th respondent is not present. He is not represented by advocate also. Admittedly the National Commission has confirmed the order of the District Forum and the State Commission. The 4th respondent, who should be a model principal, who should protect the interest of students, has steadfastly refused to comply with the orders of the statutory authorities. It is not as if by complying with the same, the 4th respondent will be prejudiced in any manner. The order passed is only an interim order. The complaint is still pending. If the 4th respondent has any claim in respect of other matters from the petitioner or his daughter, he can very well press the same before the Forum, while the Forum takes up the complaint for decision finally and if the Forum passes some orders in his favour, he could get it executed appropriately also. As such, I am of opinion that the 4th respondent is not in any way prejudiced by issue of transfer certificate, migration certificate, pass certificate and conduct w.p.c.6207/12 - : 4 :-
certificate of the petitioner's daughter. Accordingly, reserving the right of the 4th respondent to make his claims in respect of other matters before the Forum in the complaint pending, this writ petition is disposed of with a direction to the 4th respondent to issue transfer certificate, migration certificate, pass certificate and conduct certificate of the petitioner's daughter to the petitioner, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a certified copy of this judgment.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge