Telangana HC Permits School Accused Of Withholding Transfer Certificates To Seek Vacation Of Interim Order Favouring Students, Says School Not Heard

The Telangana High Court has permitted the Sidhartha High School, Godavarikhani to move a petition for vacating the ad interim order passed by a single judge directing the school to issue transfer certificates within 10 days, as sought by students who used to study there.

The Division Bench of Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar have noted that the single judge bench had passed the order without the appellant/school entering appearance and being heard.

"In view of the fact that the appellant had not entered appearance before the learned Single Judge and was not heard while the impugned order dated 26.12.2023 was passed, we are inclined to permit the appellant to move an application seeking vacation of the ad interim order. In case such an application is made, the learned Single Judge is requested to deal with the same expeditiously."

The 43 students who used to study in the appellant/school had approached the High Court in December last year contending that the School had unlawfully withheld their transfer certificates and was willing to issue the certificates only upon the students clearing of all dues/paying all fees including school fee.

The students stated that it was a settled proposition of law that the transfer certificate of a child cannot be withheld by a School merely because fees are due to the School, as imparting education is the primary duty of the State.

The Single Bench upon hearing the students had issued notice to the school and when, on the next date of hearing a memo was filed showcasing due service of notice yet no representation, passed an ad interim order directing the Sidhartha High School to issue the transfer certificates within 10 days.

Background:

The students stated that they had transferred to the Brilliant Grammar High School, Godavarikhani wherein they were given admission on the contingency that they would file their transfer certificates at the earliest so that their details could be entered into the State Education Portal.

However, when they approached the appellant/school, the school denied their request and directed them to clear all dues including school fee that was owed by them.

The counsel on behalf of the students Advocate Y. Soma Srinath Reddy had contended that the students had cleared all dues and despite the same the Sidhartha school refused to issue certificate demanding additional fee which was illegal, arbitrary, unconstitutional, violative of principles of natural justice and Articles 12,14 and 21 of the Indian Constitution.

Additionally, the students stated that they made multiple representations before the District and Mandal Education Officers. And upon one such representation the District Education Officer (DEO) issued proceedings in August, directing the students to pay the fee in order to collect the Transfer Certificates.

The students pleaded before the Court that they were urgently required to submit their certificates in the Brilliant Grammar High School owing to the directions of the Director of School Education and the High Court.

It was contended that in October 2023, the Director of School Education directed the Brilliant Grammar High School to take steps to close down classes 1- 10 on account of non-submission of transfer certificates and when the order was challenged before the High Court, the Court had noted that 900 students were studying in the said school, whose futures could not be put at risk on account of non-submission of transfer certificates of 46 students and directed the Grammar school to submit the certificates before 15th December, 2023.

Owing to the urgency and the severe loss the students would face if they were unable to submit their certificate, a single bench of the High Court on 26th December had directed the Sidhartha schools to issue the certificates within 10 days.

Case no.: WA 25 of 2024; WP 34185 of 2023

Counsel for students: Y Soma Srinath Reddy

Counsel on Behalf of Sidhartha High School: M. Govind Reddy representing MPK Aditya

Counsel on behalf of State: J Vamshi Krishna Assistant Government Pleader for School Education.

Click Here To Read/Download Order