- 1 - HC-KAR NC: 2025:KHC:26207 WP No. 16480 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.16480 OF 2025 (EDN-RES) BETWEEN: 1. SMT. SWAPNA S. C/O SHRI RAMA REDDY AGED ABOUT 36 YEARS NO. 31, 4TH CROSS OM SHAKTHI ROAD OPP. SUPREME GARMENT YALACHENAHALLI J P NAGAR BENGALURU - 560078. …PETITIONER (BY SRI. SAMEER S.N., ADVOCATE) AND: 1. THE BLOCK EDUCATION OFFICER BENGALURU SOUTH DIVISION-3 BENGALURU - 560042. 2. OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTIONS., NEW PUBLIC OFFICE NEAR RBI NRUPATHUNGA RD., SAMPANGI RAMA NAGAR AMBEDKAR VEEDHI BENGALURU - 560001. 3. THE HEADMASTER JUBILEE NATIONAL PUBLIC SCHOOL Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26207 WP No. 16480 of 2025 CLASSIC PLEASANT VILLE LAYOUT ANJANAPURA TWP, BENGALURU, KOTHNUR KARNATAKA 560108. 4. THE HEAD MASTER JNANA BHARATHI SCHOOL NO. 7/8, CHUNCHAGHATTA MAIN ROAD BANK COLONY KONANKUNTE BENGALURU - 560 062. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 & R2; SRI. VIJAYKUMAR S., ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 THE BLOCK EDUCATION OFFICER BENGALURU SOUTH DIVISION -3 TO CONSIDER THE REPRESENTATION DATED 21.05.2025 OF ANNEXURE-E SUBMITTED BY THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER I have heard Sri. Sameer S.N., learned counsel appearing for the petitioner; Smt. B. P. Radha, learned Additional Government Advocate appearing for the respondent-State and - 3 - HC-KAR NC: 2025:KHC:26207 WP No. 16480 of 2025 Sri. Vijaykumar S., learned counsel appearing for the respondent No. 3. 2. In this writ petition, the petitioner is seeking writ of mandamus directing respondent No.3-the Block Education Officer to consider the representation dated 21.05.2025 (Annexure-E). 3. The relevant facts for the adjudication of this writ petition are that the petitioner herein-Smt. Swapna, married one Harish and in their wedlock, a child is born-Alakananda Devi. The petitioner and her husband are having family dispute. It is forthcoming from the writ petition that, proceedings between the private parties in G & WC No.151/2024 is pending consideration before the competent authority. It is also stated that the child Alakananda Devi completed her 7th std and has approached the respondent Nos.3 and 4 school for further studies. The respondent No.3, has refused to issue the TC as the child- Alakananda Devi has joined respondent No.4-School. It is the grievance of the petitioner that the writ of mandamus be issued to the respondent No.1 to consider the representation - 4 - HC-KAR NC: 2025:KHC:26207 WP No. 16480 of 2025 at Annexure- E for issuance of Transfer Certificate to respondent No.4-School. 4. Sri. Sameer S.N., learned counsel appearing for the petitioner, relying on the order dated 19.07.2024 passed in W.A. No. 3075 of 2021 by the High Court of Judicature at Madras, contended that a Transfer Certificate cannot be used by schools as a tool to compel parents to pay higher fees. Accordingly, the petitioner sought the intervention of this Court. 5. Sri. Vijaykumar S, learned counsel for the respondent No.3 submitted that, there is arrears of fees to be payable by the petitioner and that apart, the dispute is between the petitioner and her husband with regard to admitting the child to the school and therefore, it is argued that, the Transfer Certificate will be issued only after the payment of pending fees by the petitioner. Accordingly, sought for dismissal. 6. Smt. B. P. Radha, learned Additional Government Advocate appearing for the respondent-State submitted that, the respondent No.3 is a private Education Institution and - 5 - HC-KAR NC: 2025:KHC:26207 WP No. 16480 of 2025 therefore, writ of mandamus would not lie against the respondent No.1. 7. In the light of the submission made by the learned counsel appearing for the parties, it is not in dispute that custody proceedings between the petitioner and her husband in G & WC No.151/2024 is pending consideration before the competent authority, seeking custody of the child-Alakananda Devi. Upon a careful examination of the writ petition and accompanying documents, it is evident that the petitioner's daughter, Alakananda Devi, previously studied in the 6th Standard at respondent No.3-School and now enrolled in the 7th Standard at respondent No. 4-School. Although learned counsel for the petitioner has relied on a judgment delivered by the Division Bench of the High Court of Madras, that decision pertaining to specific facts involving alleged harassment of the student by the respective schools, and in the present case, the petitioner has to pay the nominal fee to the school, which is not similar to the case referred to by learned counsel for petitioner. However, in the present matter, respondent No. 3 school is merely claiming nominal fees for the educational services rendered to the student. In that view of the matter, I am of the - 6 - HC-KAR NC: 2025:KHC:26207 WP No. 16480 of 2025 opinion that, no interference be called for in this writ petition and accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE SB:List No.: 1 Sl No.: 76