- 1 - NC: 2025:KHC-D:2832 WP No. 107877 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107877 OF 2024 (GM-RES) BETWEEN: KUMARI ARADHYA D/O. MAHADEV KAMADINNI, AGE. 17 YEARS, OCC. STUDENT, R/O. AKKIMARADI, POST. NANDGAON, TQ. MUDHOL, DIST. BAGALKOT, REPRESENTED BY NATURAL GUARDIAN MOTHER, MANJULA W/O. MAHADEV KAMADINNI, AGED: 38 YEARS, OCC. HOUSEHOLD, R/O. AKKIMARADI, PO. NANDGAON, TQ. MUDHOL, DIST. BAGALKOT. …PETITIONER (BY SRI. CHANDRASHEKHAR S. NAGASHETTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF EDUCATION, M. S. BUILDING, BANGALORE- 560001. 2. THE SECRETARY, KARNATAKA SECONDARY EDUCATION BOARD, MALLESHWARAM, 6TH CROSS, BANGALORE, PIN- 560003. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2832 WP No. 107877 of 2024 3. THE BLOCK EDUCATION OFFICER, KITTUR, TQ. KITTUR, DIST. BELGAUM, PIN- 591115. 4. THE PRINCIPAL, KITTUR RANI CHANNAMMA RESIDENTIAL SCHOOL, AND PU COLLEGE FOR GIRLS, KITTUR- 591115, TQ. KITTUR, DIST. BELGAUM. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R3, SRI SANGAM S. KULKARNI, ADVOCATE FOR R4, SRI K. ANANDKUMAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UDNER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 4 TO ISSUE T.C (TRANSFER CERTIFICATE) OF THE PETITIONER VIDE ANNEXURE-C AND C-1 BY WAY OF HAND DELIVERY OR SEND BY POST TO 1ST YEAR P. U COLLEGE IN NORTH HILLS, PRE UNIVERSITY COLLEGE, BANGALORE, BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2832 WP No. 107877 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “To issue writ in the nature of mandamus directing the respondent No. 4 to issue T.C. (transfer certificate) of the petitioner vide Annexure-C and C-1 by way of hand delivery or send by post to 1st year P. U College in North Hills, Pre- University College, Bangalore, by allowing this writ petition in the interest of justice and equity.” 2. The petitioner, a student who has secured scholarship at the hands of the respondents for 4 long years, leaves the school midstream and seeks a transfer certificate along with all documents. Since scholarship had been taken by the petitioner for 4 years, the Institution is refusing to issue a transfer certificate. 3. The petitioner during the hearing of this petition, sought to file an affidavit in making initial payment as the amount projected to be paid was Rs.2,46,000/-. Therefore, mother of the petitioner has filed an affidavit that the entire amount would be reimbursed, if reasonable time is granted. An affidavit to that effect is filed. The affidavit reads as follows: - 4 - NC: 2025:KHC-D:2832 WP No. 107877 of 2024 “Herein I, Manjula W/o MahadevKamadinni Age: 38 years Occ: Household R/o Akkimaradi P.O Nandgoan Tq: Mudhol Dist: Bagalkot, today at Dharwad, do hereby state on solemn affirmation and make the following affidavit. 1. I state that I am minor guardian mother of the petitioner in the top noted case, and as such I know the facts and circumstances of the case, Hence I am searing this affidavit. 2. I state that, the petitioner has received the total scholarship amount is Rs. 2,26,999/- including pocket money. 3. I state that my daughter was studying in Respondent No:4 institution till Xth standard now she got admission in North Hill Pre University College Bangalore for PUC Ist Year, hence she required TC and Original Marks Cards same is applied for Issuance of the T.C and Original Marks Card, but Respondent No:4 institution has denied for Issuance TC and Original Marks Card hence filed this above writ petition in the similar matter this Hon'ble Court ordered for issuance of TC and Original Marks Card subject to condition that scholarship amount received by the student same may be reimbursed. Hence I am ready to returned the Scholarship amount, but I am poor agriculturi stand I am unable to pay the one time. 4. Hence I will undertake to return the said scholarship amount in 3 instalments. By tomorrow on 13/02/2025 I am going to pay the amount of Rs. 50,000/- and reaming amount of Rs. 1,76,999/- within 4 weeks from today, Hence I pray to this Hon'ble Court kindly give me time to make the balance amount.” 4. In the light of the affidavit so filed, the respondent-Institution shall do the needful to the - 5 - NC: 2025:KHC-D:2832 WP No. 107877 of 2024 petitioner forthwith, without brooking any delay, the moment condition 1 of Clause 4 is complied. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE List No.: 1 Sl No.: 46