The Court disposed of a public interest litigation regarding the issuance of a transfer certificate for a school child. The single issue was the withdrawal of an objection by the parent.
Directing the second respondent to issue the transfer certificate of Ayonna Ann Abraham.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941
WP(C).No.16802 of 2019
PETITIONER:
RANI RAJAN, AGED 41 YEARS W/O ABY MATHEW, THAZHATHU PUTHENPURACKAL, MEENADOM VILLAGE, KOTTAYAM TALUK, PAYYAPPADY P.O., KOTTAYAM-686 011, PRESENTLY RESIDING THOTTAKUZHIYIL, CHANNANIKKAD P.O., PANACHIKKAD VILLAGE, KOTTAYAM VILLAGE, KOTTAYAM DISTRICT.
BY ADVS. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, 2ND FLOOR, BLOCK-B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695 004.
2 THE PRINCIPAL DON BOSCO CENTRAL SCHOOL-CBSE, PUTHUPPALLY, KOTTAYAM686 011.
3 ABY MATHEW AGED 50 YEARS S/O. MATHEW ABRAHAM, THAZHATHU PUTHENPURACKAL, MEENADOM VILLAGE, KOTTAYAM TALUK, PAYYAPPADY P.O., KOTTAYAM-686 011.
BY ADVS. SRI.A.K.HARIDAS SRI.T.O.XAVIER SMT.V.SETHUKUTTY AMMA
OTHER PRESENT:
SRI.S.NIRMAL,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.16802 of 2019
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J U D G M E N T
Petitioner, who is the mother of Ayonna Ann
Abraham, who was studying in 4th Standard in the second respondent School, wanted to admit her child in another School. But the Transfer Certificate was not issued by the second respondent School based on the objection raised by the 3rd respondent.
does not have any objection for transferring the girl Ayonna Ann Abraham.
The writ petition is therefore disposed of, directing the second respondent to issue the TC of Ayonna Ann Abraham on the basis of Ext.P3 representation.
Sd/-
P.V.ASHA, JUDGE
AS
WP(C).No.16802 of 2019
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE M.C.NO.90 OF 2019 OF THE FAMILY COURT, ETTUMANOOR.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE FEE RECEIPTS ISSUED BY BISHOP SPEECHLY VIDYAPEETH, DATED 3.5.2019.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR T.C. OF AYONNA ANNA ABRAHAM BY THE PETITIONER BEFORE THE 2ND RESPONDENT, DATED 25.4.2019.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE REPLY GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER, DATED 3.5.2019.
1 issue framed by the court
Whether to issue a transfer certificate for a pupil when the father, who raised an objection, has now withdrawn it.
RANI RAJAN
CENTRAL BOARD OF SECONDARY EDUCATION
THE PRINCIPAL DON BOSCO CENTRAL SCHOOL-CBSE
ABY MATHEW
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
