JITHIN Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) THE petitioners in both these cases have approached this Court seeking for a direction to be issued to the concerned departmental authorities for issuance of 'transfer certificate'/ (T. C in short)in respect of the children (1st petitioner in w. P. (c) No. 12804/09 and the 2nd petitioner in W. P. (c)No. 12846/09 who have completed their studies in the VIIth standard in the respondent schools which are aided lower primary schools.

(2.) THE common case of the petitioners is that the non-issuance of T. C is reportedly because of the fact that the management schools have not been given the recognition so as to upgrade the school and to conduct the classes in standard V to VII.

(3.) IT is stated that the Manager, challenging the impugned proceedings taken by the departmental authorities, had approached this Court and obtained favourable orders as borne by Ext. P1 verdict passed by a Division Bench of this Court. It is reported that the State, subsequently, took up the matter before the Apex Court, whereupon Ext. P1 verdict was reversed, as per the decision in State of Kerala v. Prasad [2007 (3)KLT 531]. It is further submitted that the issue has taken a different turn and it is still pending consideration before a Division Bench of this Court in W. A. No. 2401/2008. It is true that the prayer of the Manager to upgrade the school stands negated as on date. But the minor children who were pursuing their studies in the schools on the basis of the assurance and Court orders could never be blamed under any circumstance. This Court cannot act as a silent spectator to the game between the Management and the State, till the matter is got finalised in W. A. No. 2401/2008.