IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 26399 of 2010(Y) -------------------------------------- PETITIONER(S): ---------------------- AYISHA.A., KELOTH HOUSE, CHANIYAM KADAVUP.O., THIRUVALLUR. BY ADV. SRI.PULIKKOOL ABUBACKER RESPONDENT(S): ------------------------- 1. REGIAL OFFICER,CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, (1630 A), 16TH MAIN ROAD, J BLOCK, ANNANAGAR WEST, CHENNAI. 2. THE SECRETARY, MINISTRY OF EDUCATION, NEW DELHI.PIN-110001 3. THE PRINCIPAL, RANI PUBLIC SCHOOL, CHORODU, VATAKARA 673 106. R1 BY ADV. DEVAN RAMACHANDRAN, SC FOR CBSE R2 & R3 BY ASG.T.P.M.IBRAHIM KHAN, SENIOR ADVOCATE R3 BY ADV. SMT.P.SHYNI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO. 26399/2010-Y APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE ISSUED BY CBSE. P2 COPY OF THE TRANSFER CERTIFICATE ISSUED BY THE PRINCIPAL TO PETITIONER'S SON. P3 COPY OF THE APPEAL SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 10/8/10. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.26399 OF 2010(Y) -------------------------------------------------- Dated this the 4th day of November, 2010 J U D G M E N T Petitioner's son was a plus two student in the 3rd respondent school. He was issued Ext.P2, a compulsory transfer certificate. Against Ext.P2, he filed an appeal and thereafter filed this writ Petition challenging Ext.P2. 2. The main contention raised is that there was no justification for having issued Ext.P2. 3. However, the counter affidavit filed by the 3rd respondent Principal shows that, there were complaints against the petitioner's son, for having involved in ragging and that disciplinary action was taken on the basis of the complaint. It is stated that an enquiry was conducted with opportunity to the student and that in the enquiry it was proved that the petitioner's son was guilty of the misconducts alleged. It is stated that in view of the proved misconduct, school authorities decided to impose a lesser punishment of issuing compulsory Transfer Certificate and it was accordingly that Ext.P2 was issued. WPC.No.26399 /2010 :2 : 4. Discipline in the school premises is a matter entirely for the 3rd respondent to maintain. In this case, allegations of ragging were levelled against the petitioner and these allegations were proved also. In view of the findings in the enquiry so conducted, if the Principal has decided to issue Transfer Certificate to the petitioner's son, this court will not be justified in sitting in judgment over the said decision of the Principal. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/