Telangana High Court allows Godavarikhani school to seek vacation of order allowing TCs to 43 students

HYDERABAD: The Telangana High Court has given an opportunity to Sidhartha High School in Godavarikhani to challenge a previous ad interim order which directed the school to issue transfer certificates to former students within 10 days. The school claimed they were unfairly denied a voice in the initial proceedings by a single judge, prompting the High Court's intervention.

The saga began in December 2023 when 43 former Sidhartha students approached the High Court, lamenting the school's refusal to release their transfer certificates. The school, however, held firm, insisting that outstanding fees needed to be cleared before any documents could be handed over.

The students, argued that education was a fundamental right and financial constraints shouldn't hinder its pursuit, pressed their case before a single judge. The judge, siding with the students, issued a swift order on December 26, mandating the school to comply with their transfer certificate requests within a tight 10-day window.

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However, Sidhartha High School argued that they were denied their right to be heard in the initial hearing. The High Court, acknowledging the procedural oversight, stepped in to ensure both sides received a fair hearing.

"In view of the fact that the appellant had not entered appearance before the learned single judge and was not heard while the impugned order dated 26.12.2023 was passed, we are inclined to permit the appellant to move an application seeking vacation of the ad interim order," declared the division bench comprising Chief Justice Alok Aradhe and Justice NV Shravan Kumar.

Sidhartha High School can now file a petition requesting the initial judge to reconsider their decision and potentially revoke the 10-day transfer certificate deadline. The High Court wanted the judge to swiftly address the petition once filed, ensuring a speedy resolution to this contentious issue.

Background:

The students said that they had taken a transfer to the Brilliant Grammar High School in Godavarikhani where they were given admission on the promise that they would file their transfer certificates at the earliest so that their details could be entered into the State Education Portal.

However, when they approached Sidhartha, the school denied their request and asked them to clear all their dues including school fee that was owed by them.

The counsel, Advocate Y Soma Srinath, representing the students, had contended that the students had cleared all dues and that the school refused to issue certificate demanding additional fee which was illegal, arbitrary, unconstitutional, violative of principles of natural justice and Articles 12, 14 and 21 of the Indian Constitution.

Additionally, the students stated that they made multiple representations before the district and mandal education officers. Upon one such representation the District Education Officer (DEO) issued proceedings in August, directing the students to pay the fee in order to collect the transfer certificates.

The students pleaded before the court that they were urgently required to submit their certificates in Brilliant Grammar High School owing to the directions of the Director of School Education and the High Court.

It was contended that in October 2023, the Director of School Education directed the Brilliant Grammar High School to take steps to close down classes 1- 10 on account of non-submission of transfer certificates and when the order was challenged before the High Court, the court had noted that 900 students were studying in the said school, whose future could not be put at risk on account of non-submission of transfer certificates of 46 students and directed Grammar school to submit the certificates before December 15, 2023.

Owing to the urgency and the severe loss the students would face if they were unable to submit their certificate, a single bench of the High Court on December 26 had directed the Sidhartha schools to issue the certificates within 10 days.