- 1 - NC: 2025:KHC:5986 WP No. 31492 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.31492 OF 2024 (EDN-RES) BETWEEN: ROHIT .G AGED ABOUT 17 YEARS (MINOR) REPRESENTED BY GIRISH P.L. (FATHER) AGED ABOUT 52 YEARS, R/AT VEERABHADRAPPA NILAYA, PATEL CHINAPPA LAYOUT, NELAMANGALA, BANGALORE-562123. ... PETITIONER (BY SMT. SUVARNA M.L., ADVOCATE) AND: 1. SREE SARASWATHI TRUST, ADMINISTRATING & MANAGING NEW MILLENIUM SHCOOOL, REPRESENTED BY ITS FOUNDER SECRETARY, HORAMAVU AGARA, HORAMAVU, BANGALORE-560043. 2. SOUNDARYA COMPOSITE PRE UNIVERSITY COLLEGE, REPRESENTED BY ITS PRINCIPAL, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5986 WP No. 31492 of 2024 HAVANUR EXTENSION, HESARGHATTA ROAD, NAGASANDRA POST, BANGALORE-560073. 3. THE STATE OF KARNATAKA, UNDER SECRETARY TO THE GOVERNMENT (PRE UNIVERSITY) DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, 6TH FLOOR, M.S. BUILDING, BANGALORE-560001. ... RESPONDENTS (BY SRI OJASWI, ADVOCATE FOR R-1; SMT. MAMATHA SHETTY, AGA FOR R-3; V/O. DATED 06/02/2025 NOTICE TO R-2 HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE FEE PAYMENTS MADE BETWEEN 2020-2023; A) DIRECT THE RESPONDENT NO.1 TO ISSUE THE TRANSFER CERTIFICATE AND OTHER NECESSARY DOCUMENTS, IF ANY, PERTAINING TO THE PETITIONER WITHOUT ANY FURTHER DELAY OR CONDITIONS BY ISSUING A WRIT IN THE NATURE OF MANDAMUS. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:5986 WP No. 31492 of 2024 ORAL ORDER Aggrieved by the non-issuance of the Transfer Certificate to the petitioner on the ground of non-payment of School fees amounting to Rs.1,71,000/- for the academic years 2020-2023, the petitioner knocks the doors of this Court. 2. Heard the learned counsel for the petitioner, learned counsel for respondent No.1 and learned AGA for respondent No.3. 3. Though the notice has been served on respondent No.2, they have chosen to remain absent. 4. The petitioner is a student having pursued and completed his 10th standard in the year 2024 in the school by name “New Millenium School” run by respondent No.1. 5. Learned counsel for the petitioner submits that the petitioner had paid the school fees in full for the academic years that fell during the COVID pandemic period to the school staff as directed by the school - 4 - NC: 2025:KHC:5986 WP No. 31492 of 2024 administration itself. That respondent No.1 having found fraud committed by the administrative staff of their institution with the fees paid by the parents, circulated information warning the parents not to make further fee payments in cash or any online payments to the personal accounts of the administrative staff. It is stated that only on payment of the fees for the academic years 2020-2023, the petitioner was promoted from 8th to 10th grade. It is submitted that the petitioner having completed his 10th standard, respondent No.1 is refusing to issue the Transfer Certificate, alleging non-payment of the outstanding fee amounting to Rs.1,71,000/- (Rupees One Lakh Seventy One Thousand only). 6. Learned counsel for the petitioner submits that the petitioner is being unjustly penalized though full payment of school fees for the academic years 2020-2023, including payments via both online and offline methods as instructed by the school administration has been paid and the same has been accepted by the staff members. - 5 - NC: 2025:KHC:5986 WP No. 31492 of 2024 Learned counsel submits that the petitioner is being unfairly denied the issuance of a transfer certificate and other necessary documents due to the alleged non payment of fees, which has resulted in withholding the petitioner’s admission for further education, violating the constitutional right. 7. Per contra, learned counsel appearing for respondent No.1 vehemently submits that the petitioner has an outstanding amount of Rs.1,71,000/-, which remains unpaid for the academic years 2020-2023 concerning the petitioner. It is submitted that the transfer certificate issued by the school would mention that no fees are due and this would act as a barrier for respondent No.1-trust to take any further action against the petitioner. Withholding of the transfer certificate is in light of refusal to pay the academic fees, which is justified and respondent No.1 in spite of having issued a legal notice calling upon the petitioner to pay the dues, the petitioner - 6 - NC: 2025:KHC:5986 WP No. 31492 of 2024 has given an evasive reply and approached this Court by way of writ petition. 8. Having heard the learned counsel appearing on both sides, the question that falls for consideration is: “Whether withholding the transfer certificate by respondent No.1 on the ground that the petitioner has not paid the full amount of the fees is justifiable in the present facts and circumstances of the case?” 9. The certificate of a student is the student’s property and respondent No.1 holds the Transfer certificate/documents as a trustee, who cannot retain the educational certificate on the ground that the monetary claim as claimed by respondent No.1 is not paid by the said student. The petitioner was a minor while he was studying in the school of respondent No.1 and if there is any default or non payment of the school fees, it can only be attributed to the parents and not the student, who had completed his education and the transfer certificate is an important document for the students to go for further - 7 - NC: 2025:KHC:5986 WP No. 31492 of 2024 studies and for non payment of school fees, the student cannot be penalized and the documents which is sought by the student is entirely the student’s property and not the property of the parents or of the institution or any person. 10. 10. The school cannot withhold the transfer certificate on the ground of any monetary claim and if that is so, if any monetary claim is due by the petitioner’s parents, the recourse available to the institution is to initiate appropriate action in accordance with law and accordingly, the point framed for consideration is answered and this Court pass the following: ORDER i. The writ petition is allowed. ii. Respondent No.1 is directed to issue the transfer certificate to the petitioner. iii. Petitioner to appear before respondent No.1 on 17.02.2025 at 11.00 a.m. and respondent No.1 to hand over the transfer certificate and - 8 - NC: 2025:KHC:5986 WP No. 31492 of 2024 other documents, if any, pertaining to the petitioner to the petitioner. iv. If any claim as contended by respondent No.1 exists, it is open for respondent No.1 to take appropriate action in accordance with law. The amount paid or not is a disputed question of fact, which this Court declines to interfere with, leaving open the said contention to be urged before the appropriate forum. Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 8