✦ High Court of India · 21 Feb 2025

High Court · 2025

Case Details High Court of India · 21 Feb 2025
Court
High Court of India
Decided
21 Feb 2025
Bench
Not available
Length
1,164 words

Deoartment of School Education and Literacy, Government of lndia through tne"5"ireta.v, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi - 110001. Deoartment of Education, Govemment of Telangana through the Secretary, is1-noor, oi. aR. AmbedtarTelangana State Secretariat, Hyderabad, Telangana. District Educational Officer, Ranga Reddy district Kongara Kalan Village' lbrahimpatnam, Kongara Kalan, Telangana 501510' cambridoe Assessment lnternational Education (IGCSE Board), Through^the negionJiDire"toi, B-2, Ground Floor, Panchshedl vihar, New Delhi - 110017 Solitaire Global School, Ldcated at Sri Sai Janachaithanya Colony, Golden H"irjfri. Cot"nv, Near Sunrise Valley, Upparpally, Hyderabad, Telangana 500030. ...RESPONDENTS petition under Article 226 of the Constitution of lndia prayirig that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ order or direction more particularly one like a Writ of Mandamus deciaring the inaction of respondent No. 1 for not taking action respondent No 5 ai illegal unjust unfair and violation of Art 14 to Art 21A "gain.t oiConstituiion of lndia. Consequently, Further prayed to direct the Sth respondent to iisue all original documents ior the academic year 2023-2024 in illegal custody to the petitioners . $, lA NO: 1 OF 202ti ': Petition under Section i s1 cpc pre{ilg that in the circumstances stated in the affidavit filed n sr.pport of the petition, tne High court may be p,leased to issue direction to the 5.h respondent to release all original documents fc,r the academic 2023-2024 (.or ginal Certificates for 1 1th and 12th grades, Bonafide y^ear certificate, Migra:ion certificate, Transfer certificate TC) in illejal custooy to tne petitioners which are r:ausing hindrance to pursue further acaderiic education - Counsel for the F'etitioner: SRl. p. ASHWIN KUMAR !9yryel for the Flespondenr No.1: sRr M vrJAy KUMAR (sr SC FoR CENTRAL GOVT) Counsel for the Flespondent Nos.2&3: Gp FOR SCHOOL EDUCA.IION Counsel for the Fesp,cndent NO.5: SRI M.p.K ADIWA The Court made the following: ORDER \ S HON'BLE SRI JUSTICE T. VINOD KUMAR w.P.No.3176 6izozs ORDER: This Writ Petition is fi1ed assailing the action of the 5h respondent in not returning the original educational certificates of the petitioner for the studies pursued by her during the academic year 2023-24, even though there are no dues aod also to declare the inaction of the 1st respondent in taking action against the Sft respondent for the illegal and unfair means adopted by the 56 respondent in not returning the certificates of the petitioner'

2. None appears for the petitioner'

3. Heard Sri M.Vrjay Kumar, learned Senior Standing Counsel for Central Government appearing for respondent No' 1' learned Government Pleader for School Education appearing for respondent Nos.2 & 3, Sri M.P.K.Aditya, learned counsel appearing for respondent No.5, and perused the record' Today, when the matter is taken up, learned Government 4. Pleader appearing on behalf of respondent Nos 2 & 3 has placed before this Court a copy of the communication' by which the petitioner was directed to visit the ofltce of the District Educational Oflicer, DEO offrce, Ranga Reddy on l1'O2'2O25 to collect the originr r I certifi cates. I 2

5. Lc rrned Government pleader would furtl_rer submit that though thc visit of the petitioner was scheduleci on I I O2.2O25, as she was tot rrvailable in town on the said date, the petrtioner along with her llarents had visited the Sft respondent school and collected -he certificates on 13.O2.2025 and issued acknowle lgreent of having received the original r:ertilicates from the Schoc I

6. Le:a-ned Governmenl pleader would furthcr srrbmit that notwithstrLndi 19 the fact of the original certificates h,lving been returned tc th: petitioner, the authorities have also initirrted action against t_h: 5d, r.espondent-school proposing to impose penalty by issuing zr ;hc,ri,-cause notice, dt. 12.O2.2025, and callecl upon the Sff responrlent to submit explanation thereto within a rr,e,:k. 7. Learrred Government pleader thus, submits that the authorities l^ rLving initiated action against the erring sth respondent-Scl ool for withholding the certihcates oI the petitioner by issuing i1 sh)w-cause notice, the authorities u,ould ta]<e further actron in 1.h i rLirtter

8. Learned ( ounsel appearrng on behalf of the 5m respondent would subnLit l,-rat the original certificates have been rel urned to the petitiont:r c,tt 13.O2.2025 under acknowledgment to t.he above affect, whir:h weLl; duly forwarded to the 2nd respondenr_ \ I 3 I have taken note of the submissions made' g. 10. Having regard to the submissions made as above' though there is no representation on behalf of the petitioner for conlirming the aforesaid submission made by the learned Government Pleader and the learned counsel appearing for the 5fr respondent' since the documents as placed before this Court indicate the petitioner having received the original certificates' this Court is of the view that the grievance of the petitioner in the present Writ Petition slands redressed and no further orders are necessary' 11. However, taking note of the fact that but for the petitioner this Court, the 5ft respondent would not have original certilrcates for which ltre 2nd respondent show-cause notice, returned the having initiated action by that the resPondents- dt.12.O2.2O25' this Court is of the view authorities are to be directed to take further action on erring the 5rh respondent-school for resorting to such kind of action and to prevent such occurrence in future ' t2. Subject to the above observations' the Writ Petitlon ls disposed of No order as to costs approaching issuing 4

13. C< hs<:rluently, misceilaneous petitions, if any, pending in this writ pelition shall stand closed. ASSISTA SD/.N. SRIHARI EGISTRAR //TRUE COPYII To, lbrahimpatranr Kongara Katan,ielangii,, SOi-Sro. SECTION OFFTCER 'l . The s^ecretary_,. Department of schoor Education and Literacy, Government of tndia shastri Brrawan, Dr. Rajendra prasid Roao, N"* o"ri,,1' lio6oi.'""' 2. The Secre.ary, Department of Education, Government of Tela rgana 1st Floor, Dr. B. R. A. nbert kai Tetangana state Sec'reljri;i; Hft ;;U;,1-#;;r';;.'," 3. District Ed,rcari,rnar officer, Rang_a Reddy district Kongara Karan Viilaoe. 4. Regional c irectcr, cambridge Assessment lnternational Educirtion flGcsE Board), B-1t, Grrund Ftoor, Fanch-s-h#iVir,"i,ilr"*o"rni _-1 1o'd'#.''"""- 5. One CC to SRt. p ASHW|N KUMAR Advocate tOpUCl 6. One CC to SRt M.p.K ADtTyA Advocate tOpUCl 7. One CC to SR,. M VtJAy KUMAR (Sr SC FOR CENTRAL GO\/T) [OPUC] B Two CCs k' GF' for schoor Education, High courtforthe state of rerangana 9. Two CD Cc oies at Hyderab,rd. [r)UT] KKS BS i I I i I i I I HIGH COURT DATED:21rc212025 ORDER WP.No.3176 of 2025 71''.,t, '' -- -' tu\ I i! () 02 l,i ?il25 2 D /t // /o /z 5 DISPOSINGi OIF THE WRIT PETITION WITHOUT C}OSiTS I i I I

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