IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18027 of 2009(W)
1. RESHMI (MINOR) AGED 12 YEARS,
... Petitioner
2. RESHMA,(MINOR) AGED 8 YEARS,
Vs
1. THE HEAD MASTER, PUSHPAGIRI LITTLE
... Respondent
2. THE DISTRICT EDUCATIONAL OFFICER,
3. THE HEAD MISTRESS, KARUNA SCHOOL FOR
4. THE ASSISTANT EDUCATIONAL OFFICER,
For Petitioner :SRI.V.M.KRISHNAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :29/06/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.18027 OF 2009
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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
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