IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 WP(C).No. 12804 of 2009(U) -------------------------- PETITIONER(S): --------------- 1. JITHIN(MINOR),REPRESENTED BUY HIS FATHER K.T.SATHIANARAYANAN,KANNERI THEETTIYAPATH HOUSE,P.O.KARALMANNA,PALAKKAD DISTRICT. 2. K.ABBAS,PRESIDENT,PARENT TEACHER ASSOCIATION,A.L.P.SCHOOL, THEKKUMMURI,CHERPULASSERI PALAKKAD DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR RESPONDENT(S): --------------- 1. THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM,PALAKKAD DISTRICT. 2. THE ASSISTANT EDUCATIONAL OFFICER, CHERPULASSERI,PALAKKAD DISTRICT. 3. THE HEAD MASTER,A.L.P.SCHOOL, THEKKUMMURI,CHERPULASSERI, PALAKKAD DISTRICT. 4. THE MANAGER,A.L.P.SCHOOL,THEKKUMMURI, CHERPULASSERI, PALAKKAD DISTRICT. Addl. 5. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 6. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. ADDL. R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 5-5-2009 IN I.A. NO.5690/2009 BY G.P. SRI. M.P. SREEKUMAR FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/05/2009, ALONG WITH WPC NO. 12846 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------- W.P.C.Nos.12804 & 12846 OF 2009 -------------------------- Dated this the 5th day of May 2009 ------------------------------------- J U D G M E N T The petitioners in both these cases have approached this Court seeking for a direction to be issued to the concerned departmental authorities for issuance of 'transfer certificate'/(T.C in short)in respect of the children (1st petitioner in W.P.(c) No.12804/09 and the 2nd petitioner in W.P. (c)No.12846/09 who have completed their studies in the VIIth standard in the respondent schools which are aided lower primary schools. 2. The common case of the petitioners is that the non-issuance of T.C is reportedly because of the fact that the management schools have not been given the recognition so as to upgrade the school and to conduct the classes in standard V to VII. 3. It is stated that the Manager, challenging the impugned proceedings taken by the departmental authorities, had approached this Court and obtained W.P.C.No.12804/09 2 favourable orders as borne by Ext.P1 verdict passed by a Division Bench of this Court. It is reported that the State, subsequently, took up the matter before the Apex Court, whereupon Ext.P1 verdict was reversed, as per the decision in State of Kerala v. Prasad [2007(3)KLT 531]. It is further submitted that the issue has taken a different turn and it is still pending consideration before a Division Bench of this Court in W.A.No.2401/2008. It is true that the prayer of the Manager to upgrade the school stands negated as on date. But the minor children who were pursuing their studies in the schools on the basis of the assurance and Court orders could never be blamed under any circumstance. This Court cannot act as a silent spectator to the game between the Management and the State, till the matter is got finalised in W.A.No.2401/2008. 4. Considering the nature of the relief proposed to be given, it is not found necessary to issue separate notice to the Head Masters and W.P.C.No.12804/09 3 Managers of the Schools; particularly since the non-issuance of the T.C is stated as due to the objection from the Departmental authorities, referring to the alleged ineligibility of the Management to run classes V to VII. This court cannot but be anxious of the fate, career and prospects of the innocent children who continued their studies in the respondent schools, on the assurance of the School authorities referring to the favourable orders stated as obtained from this Court earlier. More so, is the position, in view of the principle behind the maxims “Actus Curiae Neminem Gravabit (Act of Court shall prejudice no man). 5. In the above facts and circumstances, the DEO, Ottappalam, Palakkad District and the concerned AEOs who have been shown as the respondents in the party array are hereby directed to ensure that the 1st petitioner in W.P.C No.12804/09 and the 2nd petitioner in W.P.C.No.12804/09 4 W.P.C.No.12846/09 who have completed their studies in the VIIth standard in the respondent schools are given the T.C so as to enable them to pursue their studies in such other school of their choice. All the necessary steps in this regard shall be finalised within a period of two weeks from the date of receipt of a copy of this judgment. This is without prejudice to the right of the Government/departmental authorities to proceed against the School authorities in accordance with law, if there are any lapses on their side; of course after giving an opportunity of hearing and subject to the outcome of W.A.No.2401/2008 which is stated as pending consideration. Both the writ petitions are disposed of accordingly. P.R.RAMACHANDRA MENON, JUDGE jsr W.P.C.No.12804/09 5