- 1 - NC: 2025:KHC-D:6788 WP No. 100487 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO. 100487 OF 2025 (EDN-RES) BETWEEN: 1. SHRI. LOKANNA S/O. LATE RAMAPPA BIRADARPATIL, AGE: 53 YEARS, OCC: AGRICULTURE & ADVOCATE, R/O: 17TH CROSS, VIDYAGIRI, BAGALKOTE - 587104 TQ/DIST: BAGALKOTE. 2. KUMAR. HARIPRASAD S/O. LOKANNA BIRADARPATIL, AGE: 11 YEARS, OCC: STUDENT, R/O. 17TH CROSS, VIDYAGIRI, BAGALKOTE – 587104. TQ/DIST: BAGALKOTE. SINCE MINOR REPRESENTED BY HIS MINOR GUARDIAN NATURAL FATHER I.E., PETITIONER NO.1 …PETITIONERS (BY SRI. SABEEL AHMED, ADVOCATE) AND: 1. THE CENTRAL BOARD OF SECONDARY EDUATION, (CBSE), REGIONAL OFFICE, CHANDRA LAYOUT, GNANA BHARATHI, MAIN ROAD, 2ND STAGE, NAAGARABHAAVI, BENGALURU – 560072, REPRESENTED BY ITS REGIONAL OFFICER, (DEPUTY SECRETARY). Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6788 WP No. 100487 of 2025 2. THE PRINCIPAL, TEJAS INTERNATIONAL RESIDENTIAL SCHOOL, (AFFILIATED TO CBSE NEW-DELHI), HUBBALLI BYPASS ROAD, NAVANAGAR, BAGALKOTE - 587104 TQ/DIST: BAGALKOTE. 3. THE VIDYA PRASARKAR MANDAL’S ACT AMRITA INTERNATIONAL SCHOOL, DR. H. M. SHIRUR CAMPUS, SECTOR NO. 110 (108), ROAD NO.17, NAVANAGAR, BAGALKOTE – 587104, TQ/DIST: BAGALKOTE. REPRESENTED BY ITS PRINCIPAL. …RESPONDENTS (BY SRI. M.B. KANAVI, ADVOCATE FOR R1; R2 & R3 -SERVED) ------ THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING RESPONDENT NO.2 TO FORWARD/ISSUE THE TRANSFER CERTIFICATE OF PETITIONER NO.2 TO RESPONDENT NO.3 INSTITUTION/SCHOOL FORTHWITH, WITHOUT INSISTING FOR PAYMENT OF ANY ALLEGED FEES FROM THE PETITIONERS. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:6788 WP No. 100487 of 2025 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioners have approached this Court seeking issuance of writ in the nature of Mandamus, directing respondent No.2 – Principal of Tejas International Residential School, to issue Transfer Certificate pertaining to petitioner No.2, to respondent No.3 School. 2. Heard Sri.Sabeel Ahmed, learned counsel for the petitioners, Sri. M. B. Kanavi, learned counsel for respondent No.1. Even though petitioner No.2 is served, he has remained unrepresented. 3. Learned counsel for respondent No.1 submits that, he is not concerned with issuance of transfer certificate by respondent No.2 and prays for passing appropriate orders. Perused the materials on record. 4. It is the contention of the petitioners that, petitioner No.1 is the father of petitioner No.2. Petitioner No.2 studied up to Class-IV in respondent No.2 - - 4 - NC: 2025:KHC-D:6788 WP No. 100487 of 2025 Residential School and he got admitted to V standard at respondent No.3 - School for the academic year 2024-25. But however, respondent No.2 - School has not issued the Transfer Certificate till date. Hence, the petitioners were forced to approach this Court seeking issuance of writ of Mandamus. 5. My attention was drawn to Annexure-C, the letter addressed by respondent No.2 to respondent No.3, asking the parents, i.e., the petitioner No.1, to complete the clearance process for issuance of the Transfer Certificate. My attention was also drawn to Annexure-E dated 28.10.2024, issued by respondent No.2, informing the counsel representing the petitioners, who had issued the legal notice produced as per Annexure-D that, it is the practice of respondent No.2 to obtain consent letter from the parents each year, to get their consent and confirmation to the effect that, their wards will be admitted to the very same school for the next academic year. Therefore, it is contended that petitioner No.1 had - 5 - NC: 2025:KHC-D:6788 WP No. 100487 of 2025 given a consent letter, including a declaration, confirming that his ward, i.e., petitioner No.2, will be admitted to respondent No.2 School for the academic year 2024-25. Under such circumstances, respondent No.2 is compelling the petitioners to pay the outstanding liabilities for the academic year 2024-25. 6. It is the specific contention of the petitioners that, petitioner No.2 never studied with respondent No.2 for the academic year 2024-25 as he got admitted to study V standard in respondent No.3. Under such circumstances, I find considerable force in the contentions taken by the petitioner that, he is not liable to pay the full year's fees. I do not find any justification on the part of respondent No.2 to issue Annexure E, calling upon the petitioners to pay the full year's fees, even though petitioner No.2 had never studied with respondent No.2 for the academic year 2024-25. Hence, I am of the opinion that, the petition is liable to be allowed by issuing necessary direction. - 6 - NC: 2025:KHC-D:6788 WP No. 100487 of 2025 7. In view of the above, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) Respondent No.2 is directed by way of writ of Mandamus to issue Transfer Certificate pertaining to petitioner No.2, to respondent No.3 - School without insisting for payment of the fees for the academic year 2024-25, within four weeks from the date of communication of this order. Sd/- (M.G.UMA) JUDGE gab – upto para 5 MKM – para 6 to end CT:ANB List No.: 2 Sl No.: 16