Partly allowed

Kumari Rashi D/O Duradundeshwar Hiremath v. the State of Karnataka

Karnataka HC22 Oct 2024WP/105328/2024

Case brief

AI extract

What is this about?

High Court directed a school to issue a transfer certificate to a minor student discontinuing education in 10th standard. The Court ordered the guardian to pay 50% of the demanded bond scholarship dues within four weeks, with the balance payable within the subsequent four weeks. Failure to comply permits the school to take legal action.

What did the court decide?

Petitioner to pay 50% of demanded dues in four weeks, balance 50% in next four weeks; Respondent No.4 to issue transfer certificate in two weeks.

Kumari Rashi D/O Duradundeshwar Hiremath Vs the… — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:15148 WP No. 105328 of 2024

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 105328 OF 2024 (EDN-RES)

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BETWEEN:

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KUMARI RASHI D/O. DURADUNDESHWAR HIREMATH, AGED 15 YEARS, OCC: STUDENT, R/O. KITTUR, TQ: KITTUR, DIST: BELGAUM, REPRESENTED BY NATURAL GUARDIAN FATHER, DURADUNDESHWAR S/O. UMESH HIREMATH, AGED: 47 YEARS, OCC: AGRICULTURE, R/O. KITTUR, TQ: KITTUR, DIST: BELGAUM.

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…PETITIONER

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(BY SRI CHANDRASHEKHAR S. NAGASHETTI, ADVOCATE.)

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AND:

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MANJANNA E

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Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF EDUCATION, M.S. BUILDING, BANGALORE-560 001.

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THE SECRETARY, KARNATAKA SECONDARY EDUCATION BOARD, 6^TH CROSS, MALLESHWARAM, BANGALORE-560003.

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THE BLOCK EDUCATION OFFICER, KITTUR, TQ: KITTUR, DIST: BELGAUM-591115.

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THE PRINCIPAL, KITTUR RANI CHANNAMMA

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RESIDENTIAL SCHOOL AND PU COLLEGE FOR GIRLS, KITTUR-591 115, TQ: KITTUR, DIST: BELGAUM.

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…RESPONDENTS

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(BY SRI V.S.KALASURMATH, HCGP FOR R1-R3; SRI K. ANANDKUMAR, ADVOCATE FOR R4.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.4 VIDE ANNEXURE-C TO ISSUE T.C. (TRANSFER CERTIFICATE) OF THE PETITIONER BY WAY OF HAND DELIVERY OR SEND BY POST TO VIDYANIKETAN PRE-UNIVERSITY SCIENCE COLLEGE, VIDAYANAGAR, HUBBALLI, BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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Heard the learned counsel for the petitioner, learned counsel for respondent No.4 school and learned HCGP.

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2. This petition is filed by the petitioner, who is a

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student, aged 15 years, studying in the 4^th respondent/Kittur Rani Channamma Residential School.

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3. The petitioner had taken admission in the 4^th respondent school from sixth standard in the year 2019 and studied up to tenth standard. Thereafter the petitioner

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decided to leave the school after having secured 88% in the 10^th standard from the CBSE course. It is the contention of learned counsel for the petitioner that petitioner intended to discontinue in order to join the science course and joined a college by taking admission to first year pre university college in Vidya Niketan College for the academic year 202425. It is further submitted that after taking admission in the said PU college, the parents of the petitioner and petitioner were directed to furnish the transfer certificate to the college from her school, i.e., the 4^th respondent school.

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4. This being the state of affairs, the 4^th respondent school denied issuing transfer certificate on the ground that she cannot take admission to other colleges unless she fulfills the terms and conditions of the ‘bond of undertaking’ and contract executed with the 4^th respondent school at the time of enrolling to the school. Petitioner gave a representation to the 4^th respondent school for issuance of transfer certificate. However, no action was taken by respondent No.4 for issuing transfer certificate. Hence, petitioner is before this Court seeking for a writ of mandamus and a direction to the 4^th

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respondent to issue transfer certificate to the petitioner. Hence, the petitioner seeks to allow the petition by issuing necessary directions to the respondents.

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5. Per contra, learned counsel representing the respondent No.4 school vehemently contends that the petition is not maintainable for the reason that the petitioner has violated the terms and conditions of the bond of undertaking executed to the school at the time of joining the school by the guardian of the student, i.e., the father. Learned counsel furnishes the bond of undertaking executed by one Shri D.U.Hiremath, who is the father of the child, namely Kumari Rashi. The bond of undertaking very clearly specifies at paragraph No.13 and 15 as extracted hereunder:

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“13. The Guarantor agrees that in the event of the student not attending/joining the institution or withdrawing from the institution for reasons whatsoever, the fees and charges or part there of shall not be refunded and in case there is any balance to be paid to the institution with regard to the fees and/or other charges, the Transfer Certificate will be issued only after the clearance of all the dues. The balance to be paid to the institution may also be deducted

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from the Pocket Money Account of the student and the remaining balance if any, in the said Pocket Money Account will be refunded. The Guarantor agrees and undertakes that he/she or the student shall not be entitled to any refund of any fees or charges whatsoever, if the Guarantor/ Student withdraws from the institution for reasons whatsoever or is removed from the institution.

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14. xxx…xxx….xxx….xx….

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15. In addition to the above, in case if a student admitted to the School under the Merit Scholarship Scheme, the Guarantor further agrees and undertakes as follows:

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(a) That, the student shall study in the institution till the completion of Class XII Science Stream); and with subjects as available at school/college. If for any reason, not beyond the control of either the student or the Guarantor, the student fails to continue her studies at the said School till the completion of the Class XII (Science Stream); the Guarantor shall forthwith refund the entire value of the Govt. Merit Scholarship received by the student for the period she was at this School in the form of an Account Payee Demand Draft in favour of Principal, KRCRSSG,

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Kittur, and the student will be removed from the rolls of the School. If the amount becoming so due is not paid, the Transfer Certificate will not be issued to the student, till such time it is paid.

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(b) That, the balance of fees and other charges which are not covered under the merit scholarship shall be paid to the institution on or before the stipulated date.”

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6. Under the circumstances, he contends that if the

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petitioner wants to leave the institution, she will be bound by the bond of undertaking as it is a contract of agreement entered into between the guardian of the student and the school. It is also contended by learned counsel for respondent No.4 that the petitioner has availed the scholarship scheme both from the State and the Central Government for studying from sixth standard to twelfth standard. In view of the petitioner leaving the course in between, the petitioner is duty bound by way of the agreement entered into to repay the scholarship amount, failing which the transfer certificate will not be issued to the

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student as specified in the bond of undertaking given by the petitioner.

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7. Learned counsel submits that he has issued a letter dated 11.10.2024 to the petitioner in reply to the request made for issuance of transfer certificate, wherein it is stated that respondent No.4 school has notified the petitioner to pay back a sum of Rs.2,66,061/- as per Clause 15(a) of the agreement and pocket money of Rs.5,908/-, pursuant to which the transfer certificate would be issued to the petitioner.

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8. Petitioner does not deny the receipt of this letter and does not deny the execution of the bond of undertaking by the guardian of the minor child in favour of respondent No.4. Under the circumstances, there is a contract of agreement by way of bond of undertaking given by the petitioner to respondent No.4 school and she will be bound by it in case of any default or breach of terms and conditions of the said contract.

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9. Learned counsel for the respondent relies upon a judgment of a Co-ordinate Bench of this Court in the case of Kum. Jyothi D/o.Srikanth Naikodi, in W.P.No.100561/2013 dated 06.06.2014, whereby in a similar case this Court appreciating the bond of undertaking and the contract executed by the guardian of the minor child having enrolled into the residential school, ordered for refund of the amount spent on the student by the school, pursuant to which the bank guarantee was ordered to be enforced and the transfer certificate was ordered to be given to the student. Under the circumstances, the petitioner herein would be coming squarely within the judgment relied in the case of Kumari Jyothi mentioned supra.

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10. Learned counsel for the petitioner having accepted the terms and conditions of the agreement, is willing to make good the payment, but in view of the admission having been taken in Vidya Niketan College, the transfer certificate shall be issued in favour of the petitioner within a period of four weeks and the petitioner shall make good the amount as agreed in the bond of undertaking for

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having obtained the scholarship. Accordingly, I pass the following:

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ORDER

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i) The petitioner shall make good the payment of 50% of the amount demanded by letter dated 11.10.2024 (i.e., Rs.2,66,061/- + Rs.5,908/- in total Rs.2,71,969/-) within four weeks from today and the balance amount of 50% within a period of four weeks thereafter.

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ii) Respondent No.4 shall issue the transfer certificate to the Vidya Niketan Pre University Science College, Vidya Nagar, Hubballi, within two weeks from today.

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iii) It is made clear that if the petitioner does not comply with the orders passed herein today, respondent No.4 would be at liberty to initiate suitable actions along with interest, if any, in accordance with law.

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iv) The petition stands disposed of accordingly.

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MRK CT-MCK List No.: 1 Sl No.: 8

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Sd/(PRADEEP SINGH YERUR) JUDGE

Kumari Rashi D/O Duradundeshwar Hiremath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Kumari Rashi D/O Duradundeshwar Hiremath v. the State of Karnataka

Case brief

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What did the court decide?

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