Disposed¶28

Amaira Kohli through Guardian and Anr. v. Directorate of Education and Ors.

Delhi HC7 Jan 2025W.P.(C)/17919/2024

Case brief

AI extract

What is this about?

Delhi High Court, W.P.(C) 17919/2024 & CM APPL. 76251/2024, decided 07.01.2025 by Dinesh Kumar Sharma, J. School transfer certificate (TC/SLC) issuance to parent having custody of minor; Modern School Vasant Vihar's both-parents signature practice dispensed with on basis of rule position stated by GNCTD Directorate of Education standing counsel; custody rights and validity of settlement agreement left open to Family Court, South East District, Saket Courts; mandamus; petition disposed of; dasti copy.

What did the court decide?

Modern School, Vasant Vihar directed to issue the Transfer Certificate for petitioner No.1 to petitioner No.2, dispensing with the requirement of respondent No.3's signature on the application; custody questions left to the Family Court; copy of order to be given dasti. ¶28

Amaira Kohli through Guardian and Anr. Vs Directorate of Education and Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether a writ of mandamus should issue directing Respondent No. 2 (Modern School, Vasant Vihar) to immediately initiate exit formalities and issue the School Leaving Certificate (SLC), Transfer Certificate (TC) and other relevant documents pertaining to withdrawal of Petitioner No. 1 from the school. +2 more

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Court's answer

In light of the rule position stated by the learned standing counsel for respondent No.1, the Court directed Modern School, Vasant Vihar to issue the Transfer Certificate for petitioner No.1 to petitioner No.2, dispensing with the requirement of respondent No.3's signature on the application.

¶23

Key takeaways

The Court is not addressing the question of custody rights of either parent; that issue is left to be determined by the concerned learned Judge, Family Court.obiter¶23
The direction to issue the Transfer Certificate shall not affect the determination of the custody of the child, which remains under the jurisdiction of the concerned learned Judge, Family Court.obiter¶24
The learned Judge, Family Court, shall decide the issue of custody and the validity/genuineness of any agreement entered into between the parties independently of the order passed by this Court.

Detailed headnote1 paragraphs

Transfer Certificate/School Leaving Certificate - writ petition by minor child through guardian parent seeking mandamus to Modern School, Vasant Vihar (R-2) to issue SLC/TC without the other parent's signature - standing counsel for Directorate of Education (R-1) stated that under applicable rules the TC can be issued to the parent who has custody of the child - school's practice required the TC application to be signed by both parents - HELD: School directed to issue the Transfer Certificate for the child to petitioner No.2, dispensing with the requirement of respondent No.3's signature on the application - question of custody rights of either parent and the validity/genuineness of any settlement agreement expressly left to the learned Judge, Family Court, to be decided independently of this order - petition disposed of; copy given dasti.

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$~5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 17919/2024,CM APPL. 76251/2024

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AMAIRA KOHLI THROUGH GUARDIAN AND ANR...Petitioners

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Through: Mr. Abhimanyu Mahajan, Mr. Ankur Mahindra, Ms. Anubha, Mr.Mayank Joshi, Mr. Ankush Satija, Mr. Rohit Bishnoi, Advs.

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Versus

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DIRECTORATE OF EDUCATION AND ORS .....Respondents

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Through: Mr. Sameer Vashisht, GNCTD/R-1 with Mr. VedanshVashisht, Adv for R-1

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Mr. Kamal Mehta, Adv. for R- 2/Modern School Mr. Satish Agarwala, Mr. Vinay, Mr.Deepak Diwan, Advs. for R-3

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CORAM:

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HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

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O R D E R

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% 07.01.2025

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The present petition has been filed seeking following prayers;

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a. Issue a writ in the nature of mandamus or any other appropriate writ directing the Respondent No. 2 i.e., Modern School, Vasant Vihar to immediately initiate the exit formalities and issue the School Leaving Certificate (SLC), Transfer Certificate (TC) and all other relevant documents pertaining to withdrawal of the Petitioner No. 1 from the said school;

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b. Issue a writ in the nature of mandamus or any other appropriate writ directing the Respondent No. 1 i.e., the

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:28:34

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Directorate of Education to provide a clarification that there is no bar for the Petitioner No. 2 to seek issuance of SLC/TC, for his ward i.e., the Petitioner No. 1;

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Sh. Sameer Vashisht, learned standing counsel for respondent No.1, has fairly submitted that, as per the applicable rules, the Transfer Certificate can be issued to the parent who has custody of the child.

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Learned counsel for respondent-Modern School, Vasant Vihar, states that, as per their practice, the application for a Transfer Certificate must be signed by both parents.

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The petitioner‟s case is that, as per the settlement terms mentioned in the petition filed before the Principal Judge, Family Court, South East District, Saket Courts, the custody of the child (petitioner No.1) is with petitioner No.2.

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At the outset, this Court is not addressing the question of custody rights of either parent. That issue is left to be determined by the concerned learned Judge, Family Court. However, in light of the rule position stated by the learned standing counsel, respondent No.1/Modern School, Vasant Vihar, is directed to issue the Transfer Certificate for petitioner No.1 to petitioner No.2, dispensing with the requirement of respondent No.3‟s signature on the application.

¶24

However, this shall not affect the determination of the custody of the child, which remains under the jurisdiction of the concerned learned Judge, Family Court.

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The learned Judge, Family Court, shall decide the issue of custody and the validity/genuiness of any agreement entered into between the parties independently of the order passed by this Court.

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This is a digitally signed order.

¶27

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:28:34

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In view of the above, the present petition stands disposed of.

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The copy of this order be given dasti under the signature of the Court Master.

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DINESH KUMAR SHARMA, J

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JANUARY 7, 2025

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Pallavi/NA

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This is a digitally signed order.

¶34

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:28:34

Amaira Kohli through Guardian and Anr. v. Directorate of Education and Ors.

Case brief

What is this about?

What did the court decide?

Amaira Kohli through Guardian and Anr. v. Directorate of Education and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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