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2019 DIGILAW 1061 (KAR)

A. P. Raju v. State Of Karnataka

2019-06-03

ABHAY S.OKA, P.S.DINESH KUMAR

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JUDGMENT : Abhay S. Oka, J. 1. By the impugned order dated 26th April 2019, the learned Single Judge issued notice. 2. Before the learned Single Judge, the appellants prayed for ad-interim relief in terms of prayer clause (i) of the petition, which reads thus: "Not to refuse or deny admissions to the academic year 2019-20 to the existing students of 2018-19 academic year;" The grievance of the appellants is that the said ad-interim relief has been refused while issuing notice by the learned Single Judge. 3. In normal course, in these writ appeals, this Court would not have interfered against an order refusing to grant ad-interim relief. However, we are dealing with the academic career of wards of 89 appellants, who were the students of the eighth respondent School. Hence, we have heard the learned counsel at some length. 4. It is not in dispute that wards of the appellants 51 and 80 are protected by the Right of Children to Free and Compulsory Education, 2009. In fact, the learned counsel appearing for the seventh and eighth respondents, on instructions, states that admission of the said two students has not been disturbed and there is no question of charging of any fees from the said two students. We accept the said statement made by the learned counsel appearing for the seventh and eighth respondents. 5. The learned counsel appearing for the seventh and eighth respondents has tendered across the Bar a chart. The chart records that as regards the wards of the appellant Nos.6, 9, 14, 18, 20, 24, 31, 37, 40, 42, 44, 45, 53, 61, 63, 64, 72, 74, 77, 82 and 83, applications were made by the concerned appellants for issue of transfer certificates. He further states that to some of the students, transfer certificates have been already issued. The learned counsel appearing for the appellants, on instructions, states that the parents of the aforesaid students / concerned appellants are willing to pay arrears of 75% of the fees payable for the academic year 2018- 19 subject to the outcome of the proceedings before the District Level Education Regulatory Authority (for short 'the said Authority'). The learned counsel appearing for the appellants, on instructions, states that the parents of the aforesaid students / concerned appellants are willing to pay arrears of 75% of the fees payable for the academic year 2018- 19 subject to the outcome of the proceedings before the District Level Education Regulatory Authority (for short 'the said Authority'). The learned counsel appearing for the seventh and eighth respondents states that on payment of arrears of 75% of the fees payable for the academic year 2018-19, the students, who have applied for grant of transfer certificates and who have not been issued transfer certificates so far shall be issued transfer certificates. We accept the said statements made by the learned counsel appearing for the appellants as well as the learned counsel appearing for the seventh and eighth respondents. 6. As far as the wards of the other appellants, except the aforesaid 21 students as well as wards of the appellant Nos.1, 7, 29 and 89, the learned counsel appearing for the seventh and eighth respondents states that if the concerned appellants pay arrears of fees of 75% of the total fees payable for the academic year 2018-19 and also pay 75% of first installment of the fees for the present academic year, the seventh and eighth respondents will admit the respective students to the next class. The learned counsel appearing for the appellants states that the concerned appellants need time of ten days to pay the aforesaid amounts. We, accordingly, grant time of ten days from today. Needless to add that if the concerned appellants pay the amounts as stated by the learned counsel appearing for the appellants within a period of ten days from today, the seventh and eighth respondents shall ensure that the concerned students are immediately granted admission to the concerned class. Considering the fact that the concerned appellants have shown willingness to pay the fee within the period of ten days, the seventh and eighth respondents will permit the concerned students to attend the classes even before the payment of fees. It is obvious that on their failure to pay fees within ten days as mentioned above, the concerned students will not be entitled to attend class on expiry of ten days from today. 7. That leaves the controversy regarding wards of appellant Nos.1, 7, 29 and 89. It is obvious that on their failure to pay fees within ten days as mentioned above, the concerned students will not be entitled to attend class on expiry of ten days from today. 7. That leaves the controversy regarding wards of appellant Nos.1, 7, 29 and 89. It is not in dispute that transfer certificates were issued to the said four students on 3rd April 2019. The learned counsel appearing for the appellants, firstly makes a grievance that in breach of ad interim order dated 14th May 2019, the said four students have been denied admission. He further states that as far as those four students are concerned, he relies on the order dated 30th May 2019 passed by the Chairperson of the Karnataka State Commission for Protection of Child Rights. He relies upon the direction issued under the said order which according to him enjoins the seventh and eighth respondents to admit the said four students to the next class. 8. Firstly, before the learned Single Judge, the only interim relief prayed was in terms of prayer clause (i) of the writ petition. In the writ petition, there is no challenge to the act of the seventh and eighth respondents to issue transfer certificate to the said four students without the said students applying for it. Moreover, it is always open for the appellants to apply to the learned Single Judge before whom the writ petitions are pending for permission to carry out necessary amendment and to seek necessary ad interim or interim relief in accordance with law. In these appeals against ad interim order, we cannot grant any relief to the four students to whom transfer certificates has been already issued on 3rd April 2019. 9. Subject to the directions and subject to what is observed above, the appeals are disposed of. 10. We make it clear that these appeals being appeals against ad interim order, all contentions of the parties before the learned Single Judge are expressly kept open.