C.Manikandan and anr. Vs. the Director of School Education and ors. - Court Judgment

Excerpt:

prayer (in both w.ps): these writ petitions filed under article 226 of the constitution of india for issue of writ of declaration, declaring the action of the third respondent in issuing the transfer certificates dated 20.10.2010 to the petitioners and discontinuing their studies during the middle of the academic year while pursuing 11th standard as illegal, arbitrary and contrary to law and consequently direct the respondents to rejoin the petitioners in the third respondent's school to continue their education and complete the course. - [mr. j. s. khehar, chief justice ; mr. justice a. s. bopanna, j.j.] this writ petition is filed under articles 226 and 227 of the constitution of india praying to quash the notification annex-j dated 26.12.2009 issued by rl in so far as it declares yadgir town as the head quarters of new district consisting of the area of yadgir. shahapur and shorapur taluks and direct the r1 to declare shahapur towto as the head quarters of the new district and utilize the existing facilities and the government buildings presently with the r2 for the purpose of government offices of tlie new district: including the office of deputy commissioner......the learned government advocate would submit that the extreme action of discontinuing the studies of the petitioners was taken only in view of the fact that the petitioners were wrongly associated with some outside parties to create some problems in running the third respondent school and therefore, the petitioners should be advised not to further associate with any other outside association and it would be conducive for the third respondent school to run the affairs of the school.5.the learned counsel appearing for the petitioners also submitted that in view of demanding donation from the petitioners and other similarly placed students, the petitioners have objected the illegal collection of donation and in view of that a police complaint was given by the petitioners and thereafter, an objection was shown by the petitioner with other students and parents not to collect donation by the third respondent school from any students.6.it was also submitted that when further representation was given not to collect the donation, the secretary of the parent teachers association, in response to the said representation, gave a letter on 20.07.2010 to the effect that the collection of.....

Judgment:

C O M M O N O R D E R

1. As the facts relating to both petitions are one and the same, they are disposed of by this common order.

2.The petitioners have filed these writ petitions seeking a common direction for issuance of declaration, declaring the action of the third respondent in issuing the transfer certificates dated 20.10.2010 to the petitioners and discontinuing their studies during the middle of the academic year while pursuing 11th standard as illegal, arbitrary and contrary to law and consequently direct the respondents to rejoin the petitioners in the third respondent's school to continue their education and complete the course.

3.When the matter was taken up, both the learned counsel appearing for both sides submitted that both the students have been taken back in the third respondent's school, in view of the earlier order dated 01.11.2010, passed by this Court, directing the respondents to permit the petitioners to continue their studies in the third respondent school.

4.However, the learned Government Advocate would submit that the extreme action of discontinuing the studies of the petitioners was taken only in view of the fact that the petitioners were wrongly associated with some outside parties to create some problems in running the third respondent school and therefore, the petitioners should be advised not to further associate with any other outside association and it would be conducive for the third respondent school to run the affairs of the school.

5.The learned counsel appearing for the petitioners also submitted that in view of demanding donation from the petitioners and other similarly placed students, the petitioners have objected the illegal collection of donation and in view of that a police complaint was given by the petitioners and thereafter, an objection was shown by the petitioner with other students and parents not to collect donation by the third respondent school from any students.

6.It was also submitted that when further representation was given not to collect the donation, the Secretary of the Parent Teachers Association, in response to the said representation, gave a letter on 20.07.2010 to the effect that the collection of donation has been stopped and thereafter, the collection of donation was also returned back to the parents. Only in view of the objections raised by the several organisations for collection of donation followed by FIR No.674 of 2010 with a further request to remove the 4th respondent from the Parent Teachers Association, the 4th respondent has issued transfer certificate to the petitioners on 20.10.2010. However, this Court, by order dated 01.11.2010, directed the respondents to permit the petitioners to continue their studies in the 3rd respondent school and thereafter, the petitioners were taken back and presently, they are pursuing their +2 course. Since the 3rd respondent school have complied with the order passed by this Court by allowing the petitioners to continue their studies, this Court, without going to the merits of the matter, whether the objections raised by the petitioners against the alleged collection of the donation by the respondents 3 and 4, by taking note of the fact that the respondents have not filed any counter denying the allegations made by the petitioners in the affidavit filed in support of the writ petitions, only by observing that there is no justification for the 3rd respondent for issuance of the transfer certificate during the middle of the academic year, directs the 3rd respondent to permit both the petitioners to complete their studies to continue their education and complete the course.

7.Further, I hope that the 3rd respondent school, being a Government Higher Secondary School, shall ensure that no such allegation of collection of donation is made against them by the students or by the public in future and the Director of School Education/the 1st respondent herein as well as the District Education Officer/the 2nd respondent are directed to ensure that the 3rd respondent school does not give any raise to any more complaint like this in future.

8.With the above observation, these writ petitions are disposed of. Consequently, connected miscellaneous petitioners are closed. No costs.