IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WP(C).No. 13289 of 2011(I) -------------------------- PETITIONER: --------------- ALFIYA SHANAVAS, AGED 12 YEARS, REPRESENTED BY HER FATHER AND NEXT FRIEND P.A.SHANAVAS, ALFIYA MANZIL, VELOOR P.O., KOTTAYAM. BY ADV. MR. A.K.HARIDAS RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, KOTTAYAM DISTRICT, CIVIL STATION P.O., KOTTAYAM. 3. CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), PREET VIHAR, NEW DELHI - 110 092, REPRESENTED BY ITS SECRETARY. 4. GIRIDEEPAM BETHANY CENTRAL SCHOOL, VADAVATHARA P.O., REPRESENTED BY ITS PRINCIPAL. 5. ST. MARY'S CENTRAL SCHOOL, PUTHENANGADY P.O., KOTTAYAM, REPRESENTED BY ITS PRINCIPAL. R1 AND R2 BY SENIOR GOVERNMENT PLEADER MR. P. N. SANTHOSH R3 BY ADV. DEVAN RAMACHANDRAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE/8 FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 13289 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 25th May , 2011 JUDGMENT The petitioner, a minor student of the 5th respondent school got admission in the 4th respondent school to the 8th standard. Though, a transfer certificate was issued by the 5th respondent, enabling the petitioner to join the 4th respondent school, the same was rejected by the school authorities, stating that, the 5th respondent school is not an affiliated one under the relevant provisions of the Bye law and that as per Rule 8 (7) of the Examination Bye law of the CBSE, the student migrating from a non-affiliated school to an affiliated school, the transfer certificate has to be countersigned by the concerned District Education Officer. 2. The grievance of the petitioner is that, despite approaching the second respondent in this regard, the said respondent has only paid scant regards to the grievance projected by the petitioner, which made the petitioner to approach this Court by filing the present writ petition. W.P. (C) No. 13289 of 2011 : 2 : 3. Heard the learned Government Pleader appearing for the first and second respondents and the learned standing counsel appearing for the CBSE. 4. Considering the facts and circumstances, the second respondent is directed to counter sign Ext. P2 transfer certificate, as and when the same is produced by the petitioner and hand it over the same forthwith, enabling the petitioner to produce before the 4th respondent for securing admission in the said said school. The Writ Petition is allowed to the above extent. No cost. P. R. RAMACHANDRA MENON, JUDGE kmd