IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 18027 of 2009(W) --------------------------------- PETITIONERS: ---------------- 1. RESHMI (MINOR), AGED 12 YEARS, REPRESENTED BY HER NEXT FRIEND AND MOTHER, SMITHA VARGHESE, D/O. VARGHESE, ADIYANDAN HOUSE, ERAVILANGU P.O. KODUNGALLUR TALUK, THRISSUR DISTRICT. 2. RESHMA (MINOR), AGED 8 YEARS, REPRESENTED BY HER NEXT FRIEND AND MOTHER, SMITHA VARGHESE, D/O. VARGHESE, ADIYANDAN HOUSE, ERAVILANGU P.O. KODUNGALLUR TALUK, THRISSUR DIST. BY MR.V.M.KRISHNAKUMAR, ADVOCATE. RESPONDENTS: ------------------ 1. THE HEAD MASTER, PUSHPAGIRI LITTLE FLOWER SCHOOL, KOMBARA BAZAR P.O., CALICUT DIST. 2. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, CALICUT DISTRICT. 3. THE HEAD MISTRESS, KARUNA SCHOOL FOR TEACH AND HEAR, ERANJIPPALAM, CALICUT. 4. THE ASSISTANT EDUCATIONAL OFFICER, CALICUT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18027 OF 2009 --------------------------------------- Dated this the 29th day of June, 2009. J U D G M E N T The grievance raised by the mother and next friend of two minor children namely, Reshmi and Reshma concerns issue of Transfer Certificate. The minor child Reshmi, 1st petitioner, was studying in 7th standard in the 1st respondent's school during the academic year 2008-2009 and Reshma, 2nd petitioner, who is a deaf and dumb was studying in 3rd standard in the 3rd respondent's school during the academic year 2008-2009. 2. It appears that the father of the children has some dispute with his wife and therefore, presently the minor children are residing along with their mother in her parental house. O.P.No.457/2009, the petition for divorce filed against her husband is pending before the Family Court, Thrissur. 3. This year the 1st petitioner has been admitted in a school near North Paravur in Ernakulam District in the 8th standard and the 2nd petitioner is admitted in a special school in Ernakulam W.P.(C) No.18027/2009 2 District in the 3rd standard. It is the requirement of the new schools that the petitioners' Transfer Certificates should also be produced. It is stated that the father of the children after getting the Transfer Certificate issued in respect of the 1st petitioner refused to hand over the same to them. But, the 1st petitioner was admitted in the school by the school authorities after granting a short time to produce Transfer Certificate. Since the father has refused to hand over the Transfer Certificate, the mother has filed Exhibits P2 and P3 before the Headmaster and the District Educational Officer respectively requesting to issue a duplicate Transfer Certificate. 4. As regards the 2nd petitioner, even though application was submitted before the Headmaster, it is stated that the Headmaster has not issued the Transfer Certificate so far presumably due to the pressure exerted by the father of the 2nd petitioner. In view of this circumstance, Exhibits P4 and P5 have been submitted before respondents 3 and 4. All that the learned counsel for the petitioner prays is for an expeditious disposal of the said requests by the authorities concerned. W.P.(C) No.18027/2009 3 5. Heard the learned Government Pleader appearing for respondents 2 and 4. There will be a direction to the 2nd respondent to consider the request made by the mother in respect of the 1st petitioner namely, Reshmi for the issuance of a duplicate Transfer Certificate. As regards the 2nd petitioner namely, Reshma, the 3rd respondent will consider Exhibit P4 and take appropriate action in the matter as requested for therein within a period of two weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp