MASTER SAHIB SINGH RIAT Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) THIS intra -court appeal impugns the order dated 24th April, 2014 of the learned Single Judge of this Court of dismissal of W.P.(C) No.3935/2013 preferred by the appellant. The said writ petition was preferred seeking a mandamus to the respondent, the Managing Committee and the Principal of the Air Force School, Subroto Park, New Delhi to issue Transfer Certificate to the petitioner and further seeking a mandamus against the respondents no.1&2 Directorate of Education, Government of NCT of Delhi (GNCTD) to initiate action against the respondent School for not issuing and withholding the said Transfer Certificate. Reliefs of compensation and quashing of the demand by the respondent school of Rs.30,905/ - towards fee were also claimed. The mother of the petitioner, Mrs. Neena Singh, was also impleaded as respondent no.5 to the petition. It was inter alia the case of the petitioner, a minor suing through his father Wing Commander Rana Ranjit Singh Riat:

(2.) THE respondent school filed a counter affidavit to the writ petition, pleading, i) that the appellant / petitioner had already been informed that no application in the prescribed form bearing the signatures of both the parents of the appellant / petitioner for issuance of the Transfer Certificate had been received and for that reason the Transfer Certificate had been withheld; ii) that the mother of the appellant / petitioner had written to the school not to issue the Transfer Certificate for any of the three children; and, iii) that the appellant / petitioner was also in arrears of school fee and without clearance of which, the Transfer Certificate could not be issued.

(3.) THE learned Single Judge dismissed the petition observing that since the minor petitioner / appellant had been unilaterally transferred to a school in Chandigarh without taking a Transfer Certificate and there was also an issue with regard to payment of fee, the Court was not inclined to in exercise of extraordinary jurisdiction entertain the petition. It was also observed that the appellant / petitioner 's father seems to be under an illusion that if he presents a fait accompali to the Court, the Court would be left with no other option, but to uphold the same.