THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 13224 of 2009 Oral order: The petitioner, a minor, represented by his father, has filed this writ petition, praying for the following relief: To issue, writ, order, direction one in the nature of Writ of Mandamus directing the respondents to act according to law and further direct them to continue the petitioner in 10th Class in respondent No.2-school for the academic year 2009-10 in the interest of justice and pass any other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case. The petitioner states that his son, by name Rama Goel, is student of respondent No.2, namely Hyderabad Public School. While he was studying in Class IX, on 14.11.2008, he is said to have played cricket in the classroom, that the cricket ball flew and hit the switch board and chair, damaging them completely. Respondent No.2 treated the said act of playing cricket in the class room as an act of indiscipline. Thereafter, an enquiry was conducted, and based on the enquiry report, the Board of Governors of respondent No.2-School decided to terminate the petitioner’s son from the school, and considering the fact that the academic year was in its midst, they vide letter dated 22.01.2009 informed the petitioner that they would give Transfer Certificate to his son before 31.03.2009. The petitioner states that he made representations to the respondents not to terminate his son from the school, but in vain. The petitioner states that still his son’s name figures on the rolls of the school, and that respondent No.2 vide letter dated 26.06.2009, informed that the matter has been examined and status quo is maintained in the case. Hence, the petitioner filed the present writ petition, praying for the relief, extracted above. The learned counsel for the petitioner submitted that the act of indiscipline attributed against the petitioner’s son is not so serious which justifies respondent No.2-school from terminating his son from the school. He submitted that even though other students were playing, respondent No.2-school has attributed the acts of indiscipline only against the petitioner’s son, while spared the other students from such accusation, and such partisan action of respondent No.2-school, is illegal and discriminatory. Hence, the petitioner seeks directions to respondent No.2 to continue his son in the school to enable him pursue X class. On the other hand, the learned counsel for respondent No.2- school, submitted that writ petition is not maintainable against respondent No.2-school, which is managed and run by a society. He submitted that the petitioner’s son is mischievous. On 14.11.2008, he had played cricket in classroom and damaged the switchboard and chair. In connection therewith, an enquiry was conducted, and based on the enquiry report, the Board of Governors, have taken a decision, to give Transfer Certificate to the son of the petitioner. This apart, the petitioner’s son has indulged in acts of indiscipline on several occasions, and in fact, the mother of the student has also given letters expressing regrets about the conduct of her son and ensured that she will take steps that her son will not repeat such acts of indiscipline in future, but despite such letters, the son of the petitioner did not mend with his ways. He submitted that after filing the writ petition, the mother of the petitioner’s son on 06.07.2009, has herself requested for issuance of Transfer Certificate of her son, and on 07.07.2009 as requested by her, the Transfer Certificate was given, which she acknowledged receipt. Therefore, nothing survives for adjudication in the writ petition, and the same be dismissed. Heard the learned counsel for the petitioner and the learned counsel for respondent No.2 and perused the copies of the record produced by respondent No.2. Even though arguments were advanced as to the maintainability of the writ petition, I am not inclined to go into that issue. However, what prompted respondent No.2-school to give Transfer Certificate to the petitioner’s son, as admitted to by the petitioner, may be noted. On the allegation that the petitioner’s son played cricket in the school on 14.11.2008 and broke the switchboard and chair, respondent No.2-school conducted an enquiry, and based on the enquiry report, the Board of Governors of respondent No.2- school decided to give Transfer Certificate to the petitioner’s son, and without disturbing the academic year, they have decided to give Transfer Certificate to him before 31.03.2009, by which time, the studies of petitioner’s son in Class IX would come to an end. The material produced by respondent No.2-school shows that the wife of the petitioner, had given letters regretting about the conduct of her son and assured to mend his behaviour, and it is the case of respondent No.2-school that despite such assurances her son did not mend his behaviour. Since respondent No.2-school has sought to give Transfer Certificate to the petitioner’s son on the grounds of indiscipline, this Court is not inclined to express any opinion on the seriousness or otherwise of the indiscipline, justifying respondent No.2-school to give Transfer Certificate. Be that as it may, after filing the writ petition, the material produced by respondent No.2-school, discloses that the wife of the petitioner has herself by letter dated 06.07.2009 requested respondent No.2-school to give Transfer Certificate to enable her to admit her son in some other school. In compliance of such request, respondent No.2-schol also issued the Transfer Certificate on 07.07.2009, and she had also acknowledged receipt thereof by making an endorsement to that effect. Even though the petitioner contends that by letter dated 25.06.2009, he was informed that status quo is maintained in the matter, but since the petitioner’s wife has herself requested for issuance of Transfer Certificate, which as requested was given by respondent No.2, I am of the considered opinion, nothing survives for adjudication in the writ petition, and the same is accordingly closed. No costs. ________________ N.V. RAMANA, J. Dated: August, 2009 KSR