Allowed

Sriparvathi v. Council for the Indian School Certificate Examinations (Cisce)

Kerala HC24 May 2022WP(C)/16180/2022

Case brief

AI extract

What is this about?

In a writ petition, this Court directed the school authorities to issue a School Leaving Certificate to a minor petitioner to enable her admission to another school, despite pending custody disputes between parents, prioritizing the child's welfare.

What did the court decide?

Directions issued to respondent No.4 to issue School Leaving Certificate within three days to enable petitioner to pursue education at the 7th respondent school.

Sriparvathi Vs Council for the Indian School… — Child Custody and Guardianship | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶4

TUESDAY, THE 24TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944
WP(C) NO. 16180 OF 2022

¶5

PETITIONER:

¶6

SRIPARVATHY N.B.,
AGED 8 YEARS, MINOR,
REPRESENTED BY HER MOTHER DR. AKSHARA V. R. ,
HOUSE NO.77, EVRA LANE 13, VENMALASSERY HOUSE,
VENNALA P. O., KOCHI- 682028

¶7

BY ADV P.SAREENA GEORGE

¶8

RESPONDENTS:

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1 COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS (CISCE), REPRESENTED BY THE CHIEF EXECUTIVE AND SECRETARY, P 35-36, SECTOR VI, PUSHPA VIHAR SAKET, NEW DELHI-110017

¶10

2 THE SECRETARY, CENTRAL BOARD OF SECONDARY EXAMINATION( CBSE), SIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110092

¶11

3REGIONAL OFFICER,
CENTRAL COARD OF SECONDARY EXAMINATION,CTTC,
ADMIN BLOCK, BSNL RTTC CAMPUS, KAIMANAM,
THIRUVANANTHAPURAM-695040

¶12

4HARI SRI VIDYA NIDHI SCHOOL,
REPRESENTED BY ITS PRINCIPAL,
SCHOOL CODE-KE027, AFFILIATED TO CISCE, NEW DELHI,
HARI SRI VIDYANAGAR,
SREE RAMAKRISHNA ASHRAMAM LANE, PUNKUNNAM,
THRISSUR, PIN – 680002

¶13

5 BHAVAN'S ADARSHA VIDYALAYA, REPRESENTED BY PRINCIPAL, ADARSHA NAGAR ROAD, THUTHIYOOR, KAKKANAD, KERALA-682037.

¶14

6 BHARATHIYA VIDYA BHAVAN, REPRESENTED BY ITS DIRECTOR, T D ROAD, ERNAKULAM, KOCHI-682011

¶15

WP(C) NO. 16180 OF 2022 -2-

¶16

7SARASWATHI VIDYANIKETHAN PUBLIC SCHOOL,
REPRESENTED BY PRINCIPAL,
(AFFILIATED TO CBSE), ELAMAKKARA P O,
KOCHI – 682026

¶17

ADDL.8BIPIN N.B,
HOUSE NO.44, NALUPURACKAL HOUSE, MURUGANAGAR,
PUNKUNNAM, THRISSUR-680002
[ADDL.R8 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 19/05/2022 IN WP(C) NO.16180/2022]

¶18

BY ADV.
SRI NIRMAL S., SC, CBSE
SRI BIPIN N B, PARTY IN PERSON

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶20

WP(C) NO. 16180 OF 2022 -3-

¶21

JUDGMENT

¶22

Petitioner, a minor child represented by her mother Dr.Akshara, has approached this Court for issuance of appropriate directions to the 4^th respondent for issuance of a Transfer Certificate without the consent of the father for taking admission to the 7^th respondent school where the fees has already been paid as evident from Ext.P8.

¶23

Noticing the fact that the petitioner had not impleaded her father, this Court on the last date of hearing, suo motu impleaded him as respondent No.8, who has appeared in this Court and submitted that he has no objection in case the 4^th respondent issues the Transfer Certificate/ School Leaving Certificate signed by the head of the institution for pursuing the education of the minor child in the 7^th respondent public school.

¶24

WP(C) NO. 16180 OF 2022 -4-

¶25

In this view of the matter, I allow the writ petition by issuing directions to respondent No.4 to issue a School Leaving Certificate in favour of the petitioner within a period of three days from the date of receipt of a certified copy of the judgment in order to enable the petitioner to pursue her education in Saraswathi Vidyanikethan Public School, Elamakkara, Kochi.

¶26

It is made clear that this arrangement is being done only for the welfare of the child and will not entail into granting custody of the child to the mother. Both husband and wife are at liberty to settle their dispute, if any, in accordance with law at the competent court of jurisdiction.

¶27

AMIT RAWAL

¶28

JUDGE

¶29

vv

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WP(C) NO. 16180 OF 2022 -5-

¶31

APPENDIX OF WP(C) 16180/2022

¶32

PETITIONER EXHIBITS

¶33

Exhibit P-1TRUE COPY OF COMMUNICATION DATED 5-4-
2022 RECEIVED FROM THE PRINCIPAL OF
5TH RESPONDENT SCHOOL
Exhibit P-2TRUE COPY OF COMMUNICATION DATED 5-4-
2022 PROVIDING LINK TO PAY THE SCHOOL
FEES
Exhibit P-3TRUE COPY OF THE FEES RECEIPT DATED
12-4-2022 ISSUED BY THE 5TH RESPONDENT
Exhibit P-4TRUE COPY OF THE LETTER DATED 19-4-
2022 SUBMITTED BEFORE THE 4TH
RESPONDENT
Exhibit P-5TRUE COPY OF THE MAIL DATED 21-4-2022
SENT BY THE PETITIONER
Exhibit P-6TRUE COPY OF THE E-MAIL DATED 11-5-
2022 SENT BY THE 4TH RESPONDENT TO THE
PETITIONER
Exhibit P-7TRUE COPY OF EMAIL COMMUNICATIONS
DATED 11-5-2022 BETWEEN THE PETITIONER
AND THE 5TH RESPONDENT
Exhibit P-8TRUE COPY OF SCREEN SHOT OF THE
PAYMENT HISTORY OF THE PETITIONER IN
THE WEBSITE OF THE 7TH RESPONDENT
DATED 13-5-2022

Sriparvathi v. Council for the Indian School Certificate Examinations (Cisce)

Case brief

What is this about?

What did the court decide?

Sriparvathi v. Council for the Indian School Certificate Examinations (Cisce)

Case brief

What is this about?

What did the court decide?

What the court decided

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