WP No 16376 OF 2021 Writ Petition regarding Transfer Certificate Matter WP allowed with directions Justice N Anand Venkatesh judgment dated 06-08-2021 Advocates P. Ebenezer Paul and V. Krishnamurthy argued for Petitioner Association advocate ebinesar paul for association.

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WP No 16376 OF 2021 Writ Petition regarding Transfer Certificate Matter WP allowed with directions Justice N Anand Venkatesh judgment dated 06-08-2021 Advocates P. Ebenezer Paul and V. Krishnamurthy argued for Petitioner Association .

N THE HIGH COURT OF JUDICATURE AT MADRAS
(special Original jurisdiction)
W.P No. 16376 of 2021
The United District Self Financing Schools Association,
Rep by its President, Mr. S.Prince Babu Rajendran s/o Mr. M. Samuel,
Having office at No 141, Radha Nagar Main Road,
Chromepet, Chennai – 600 044. …Petitioner.
-vs-
1.The Government of Tamil Nadu,
Rep. by its Principal Secretary
School Education Department,
Fort St. George, Chennai – 600 009.
2. The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
3. The Director of Matriculation Schools,
DPI Campus, College Road,
Chennai – 600 006. …Respondents
AFFIDAVIT Of S. PRINCE BABU RAJENDRAN.
I, S. Prince Babu Rajendran s/o. M.Samuel, Indian Christian, aged about 58 years, the President of United District Self Financing Schools Association having office at 141, Radha NagarMain Road, Chropempet, Chennai 600 044. do hereby solemnly affirmed and sincerely state as follows.:
2. I am the president of the Petitioner Association and as such I am well acquainted with the facts of the case based on the information and personal knowledge. The petitioner has not filed any other writ petition for the same relief.
3. It is submitted that the petitioner is the president of United District Self Financing Schools Association, having its members throughout the Districts of Kancheepuram, Chengalpattu and Chennai with 297 schools ( both Minority and Non Minority) as members of the Association. The Petitioner Association is a registered society duly registered under the Societies
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Registration Act, 1975 bearing registration No SRG/Chennai South/227/2020 dated 15-07-2020.
4. The Petitioner Association was formed by likeminded school managements for their welfare of the members of the schools which were established for promotion of education, culture, interest of children and sanctity among the society through the member schools. As such the petitioner is involved in several activities and is representing the members of the schools on all occasions and on time of distress and misery, for the rescue and redress of the member schools.
5. It is submitted that, the schools in the State of Tamil Nadu have been closed in view of the lockdown imposed on 16-3-2020 due to the current Covid-19 pandemic throughout the world. The State of Tamil Nadu has taken various measures under the Disaster management Act, 2005 to mitigate the grievances of the Public in view of the pandemic and taken steps under the Disaster Management Act, 2005. However the State of Tamil Nadu, without proper consideration of the situations and without reviewing the situations in the proper perspective with the help of experts has not been consistent in its actions and has been discriminatory in its approach towards the education department when other sectors are being considered, using different yardsticks.
6. It is submitted that the lives of the public are affected not only in Tamil Nadu but throughout the world which requires immediate actions. The country or the state which were not accustomed to such a serious pandemic situation had not arisen for many decades. In fact it will be well said that such a pandemic has brought in a new way of approach to the normal life. The public are getting accustomed to different ways of life and physical movements have been restricted for quite some time. The public have been restricted in their movements and when the public transportations, public meeting places like Parks, Malls, Railway Stations, Bus Stop, Bus Terminals, Airport were initially shut down in the said course of event, the educational institutions are also closed as it involved gathering of students/parents etc.

7. It is submitted that after the lockdown announced from 16-3-2020 by the state Government, all the Schools and Colleges were closed. Thereafter the situation was reviewed periodically. Governments have slowly started relaxing the stringent conditions as the situations started improving. The respective State Governments on the instructions of the Central Government are trying to
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bring in normalcy to the extent possible. This situation prevails not only in the State of Tamil Nadu but in all other states.
8. It is submitted that in so far as the state of Tamil Nadu is concerned, it is strictly following the guidelines and instructions issued by the Central Government as for as relaxation in the COVID pandemic situation is concerned. The situation seems to have been improved now.
9. It is submitted that, the education department of Tamil Nadu Government is now contemplating to reopen the Schools at the request of educationalists and parents to reopen with sufficient protections, safeguards. It is submitted that the school going children initially though enjoyed the so called holidays started to feel the strain and stress of staying in home without meeting others such as friends & classmates and without any physical activity and all the time being put to restriction of movements.
10. It is submitted that the fact that the uncertainty of future as to when the things will return to normalcy and the burden of education that is getting piled up among the students is telling upon the mental health of the students and parents. It is no doubt true that sufficient precaution, safety measures have to be taken to safeguard the lives as a priority measure, however as and when the situation is improving, moderate relaxation shall be extended to all sectors including the education sector as the children are getting frustrated.
11. It is submitted that, the Government of Tamil Nadu asked to shut down the schools in March 2020 and online classes are being conducted by the institutions and mainly by unaided institutions, to the students who are attending the online classes though it is definitely not an ideal method for imparting education compared to the regular physical classes conducted on regular basis.
12. It is submitted that under the Right to Education Act (RET Act) 2009, the students studying from Class 1 to 8 are not subjected to any examination and are not allowed to be detained.
13. It is submitted that in this case, the Petitioner Association is aggrieved about the instruction given by the respondents to the students/ parents, that the students can join in any other school without getting Transfer Certificate from the school, where they studied in the previous year. The said action of the respondents is in violation of the Right to Education Act, Rules, Code of Regulations for Approved Nursery and Primary schools in Tamil Nadu, Tamil Nadu Education Rules, Tamil Nadu Code of Regulation for Matriculation Page No 3.
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Schools etc. It is relevant to point out at this juncture in the Petitioner Association¬¬¬¬¬¬¬, number of minority schools are also having their membership for whom the RTE Act is held in applicable by the Hon’ble Supreme Court in the decision reported in 2012 (6) SCC 1 Society for Unaided Private Schools of Rajasthan vs Union of India. which is followed by the Division Bench of this Hon’ble Court in the judgment reported in 2016 (5) CTC 639 (DB) (MAD) Government of Tamil Nadu vs S Jeya lakshmi.
14. It is submitted that in so far as the minority Matriculation Schools are concerned code of regulations for Matriculations Schools Tamil Nadu is applicable and in Chapter III mode of Admission and Withdrawals are mentioned.
“ Under Regulations 12(ii), a pupil with a valid transfer certificate shall be admitted to the standard to which the transfer certificate declare him/ her fit. The Pupil should not be placed in a class higher or lower and the students who studied in recognized schools alone can be admitted in Higher Standards.
Similarly in Tamil Nadu Educational Rules and all other regulation/ enactments state that after getting TC the pupil can be admitted in another school.”
15. It is submitted that the respondents are instructing the educational authorities and the Headmasters of schools to admit pupils without the transfer certificates. It is contrary to the Right to Education Act 2009 and in particular Section 5 (1) to (3). Sub Section 2 clearly states that where a child is required to move from one school to another either within a state or outside, for any reason whatsoever, such child shall have a right to seek transfer to any other school except to the categories of schools mentioned in Section 2 and for seeking Admission in such other school, the head- teacher or in charge of the school where such child was last admitted shall immediately issue the transfer certificate and the head-teacher or in charge of the school delaying the issue of transfer certificate shall be liable for disciplinary action under the service rules applicable to him or her. In the 1st Proviso it is stated that delay in producing TC shall not be a ground for either delay in or denying admission in such other school
16. It is submitted that instruction given by the respondents permitting students to get admitted in other schools without even applying for TC in the school where the student studied, is not contemplated under Section 5 (2)(iii) of the Right to Education Act 2009. Thus the respondents are acting contrary to Page No 4.
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the statutory provision by giving instructions to the headmasters and the authorities of government schools to give admissions without even applying for Transfer Certificate. No order or circular was issued officially, however internal communications and press release are being made by the 1st respondent. Hence the Petitioner is not able to challenge the instruction/ order passed and only a paper news item is reported the announcement by the 1st respondent, published on 21-06- 2021 is filed to prove the instruction given .
17. It is submitted that a transfer certificate is mandatory for getting admission in another school which alone will reveal as to whether the student studied in a recognized school, paid fees payable to the management etc.
18. It is submitted that Private Un aided schools are being run as per the fee fixed by the fee fixation committee under the Tamil Nadu Schools (Regulation of Collection of Fee) Act 2009 and the schools cannot collect any amount other than the fee fixed by the committee.
19. It is submitted that even the fee fixed by the committee was not allowed to be collected by the schools during the years 2020-2021 and 2021-2022 due to COVID pandemic situation. and only 40 + 35% of fee fixed by the committee was allowed to be collected, which liberty was also given by the order passed by this Hon’ble Court. If students are allowed to be joined in another school with out TC, the managements will be prevented from collecting the authorized % of fee and the teachers and other persons employed in unaided school will not be in a position to get their salary, as the management will face lack of funds, to pay salary and to meet other expenses. Consequently the Hon’ble High Court Madras directed the managements of Private Unaided Schools to collect 85% fee by order dated 30-07-2021 in WP No 8490 of 2020 etc batch.
20. It is submitted that the 3rd respondent, based on the representation of the management and relying upon the letter of the 1st respondent dated 12-2-2018, passed an order in Na Ka No 1161 /E2/2018 on 24-4-2018 and ordered that, the child has got a right to apply TC and after getting TC he or she can join in any other school, and said procedure has to be followed in admission in all matriculation schools. Now the respondents are acting contrary to the said proceedings dated 24-04-2018 without any basis. In the year 2010, the 1st respondent issued G.O Ms. No 189 School Education Department dated 12-07-2010, and directed the respondents 2 and 3 to
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follow the provision of RTE Act for admission of students and now the respondents are acting in violation of the above Government Order also.
21. It is submitted that the action of the government in giving permission to admit students who are studying in other schools without even applying for
TC is only to defeat the interest of the school managements which are solely relying on the fee to be collected from the students admitted and the said fee being fixed by the statutory committee under the Tamil Nadu Schools (Regulation and Collection of Fee) Act 2009, the unaided schools are entitled to collect the fees. The only prohibition imposed under section 3 of the Act is that no excess fee other than the fee determined by the fee committee shall be collected. The unaided schools are being run by the fee paid by the students admitted. The Hon’ble Supreme Court held that education institutions are not business houses and it can be administered only from the fee collected from the students or the grant given by the government. In so far as the members of the Petitioner Association is concerned no aid or grant is given by the government except the students allotted and admitted under the Right to Education Act 2009. Hence the action of the respondents in permitting the government/management schools in admitting the students without even applying for TC from the schools where the students studied earlier is Arbitrary and totally affecting the interest of the schools.
22. It is submitted that, the action of the respondents are causing much hardship to the members of the petitioner association unaided schools and the instructions given by the respondents to admit students in other schools without even applying or producing the TC is irrational, arbitrary and violative of the Right to Education Act 2009 and the other enactments of the State Government. Hence the petitioner is constrained to file this writ petition Under Art 226 for issuing writ of mandamus forbearing the respondents, their men and agents from admitting students in schools without applying or getting TC from the schools they studied. The petitioner is having no other remedy except to file this writ petition under Art 226 of the Constitution of India to prevent the respondents in acting illegally.
23. It is submitted that before giving instructions, the respondents failed to issue notice or opportunity of hearing to any of the management associations or representatives of the schools and as such the respondents have violated the principles of natural justice while passing an order affecting the right of the schools.
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In these circumstances the Petitioner herein prays that, this Hon’ble Court pleased to issue a writ of Mandamus or any other appropriate Writ or order, forbearing the respondents, their men and agents from permitting the schools in admitting the students in any class without applying or getting Transfer Certificate from the members of the Petitioner association where the students previously studied and pass such further or other orders as it deem fit and proper and thus render justice.
It is further prayed that the pending disposal of the above writ petition this Hon’ble Court may be pleased to pass an order of injunction restraining the respondents, their men and agents from permitting the schools in admitting students without applying or getting TC in any Class who are already studying in other unaided recognized school and thus render Justice.

Solemnly affirmed at Chennai
On this 1st day of August 2021 and
signed his name in my Presence.
BEFORE ME

Last and Page No 7
No of Corrns. ADVOCATE CHENNAI

Memorandum of Writ Petition under Art 226 of Constitution of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P No. 16376 of 2021
The United District Self Financing Schools Association,
Rep by its President, Mr. S.Prince Babu Rajendran s/o Mr. M. Samuel,
Having office at No 141, Radha Nagar Main Road,
Chromepet, Chennai – 600 044. …Petitioner.
-vs-
1.The Government of Tamil Nadu,
Rep. by its Principal Secretary
School Education Department,
Fort St. George, Chennai – 600 009.
2. The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
3. The Director of Matriculation Schools,
DPI Campus, College Road,
Chennai – 600 006. …Respondents

Writ Petition
I The address for service of the petitioner to serve notice and process is that of his counsel M/s. P.Ebenezer Paul V.Krishnamurthy, & K.C. Maniyarasu, Suit “D”, YMCA Building, III Floor, 24/223 NSC Bose Road, Chennai – 1.
The address for service for the respondents 1 to 3 are as stated above.
For the reasons stated in the accompanying affidavit the Petitioner herein prays that this Hon’ble Court may be pleased to issue a writ of Mandamus or any other appropriate Writ or order, forbearing the respondents, their men and agents from permitting the schools in admitting the students in any class without applying or getting Transfer Certificate from the members of the Petitioner association where the students previously studied and pass such further or other orders as it deem fit and proper and thus render justice.
Dated at Chennai on this 2nd day of August 2021.
Counsel for Petitioner.