Sri.Vamshi Krishna B.M v. Jyothi Public School

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3586 OF 2026 (EDN-RES) BETWEEN:

SRI. VAMSHI KRISHNA B.M AGED ABOUT 16 YEARS (MINOR) REPRESENTED BY MANJUNATHA M , FATHER AS AGED ABOUT 47 YEARS ADDRESS S/O MUNISHAMAPPA 2ND BLOCK, BUDIKOTE VILLAGE BANGARAPET TALUK, KOLAR DISTRICT KARNATAKA-563114 …PETITIONER

(BY SRI. VISHNU P V., ADVOCATE)

AND:

¶1JYOTHI PUBLIC SCHOOL (RECOG. BY GOVT OF KARNATAKA) BASAVESHWARA NAGAR, BEHIND BHARATH POLYTECNIC BANGARAPET TALUK KOLAR DISTRICT KARNATAKA 563114 REP. BY PRINCIPAL

¶2BLOCK EDUCATION OFFICER (REPRESENTED BY STATE OF KARNATAKA) BANGARAPET TALUK

Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

KOLAR DISTRICT KARNATAKA 563114

¶3SRI.VIKAS KISHORSURALKARS, I.A.S. (REPRESENTED BY STATE OF KARNATAKA) COMMISSIONER FOR SCHOOL EDUCATION, N.T.ROAD, BANGALORE. KARNATAKA 560001

¶4ST.JOSEPH'S PRE-UNIVERSITY COLLEGE FIELD MARSHAL K.M CARIAPPA (RESIDENCY) ROAD (RESIDENCY) ROAD, BENGALURU, KARNATAKA-560025 REP BY PRINCIPAL …RESPONDENTS

(BY SMT. RASHMI RAO, HCGP FOR R2 & R3 (MA NOT FILED) SRI. JANARDHANA B N, ADVOCATE FOR R4 SRI. B V VIJAYAMALA, ADVOCATE FOR R1 SRI. SUPRITHA SHETTY, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT.NO.1 TO HANDOVER THE SSLC ORIGINAL MARKS CARD, TRANSFER CERTIFICATE AND STUDY CERTIFICATE TO THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

¶1The petitioner has sought for a mandamus directing respondent No.1 to hand over his SSLC original Marks Card, Transfer Certificate and Study Certificate to the petitioner.

¶2Brief facts leading rise to the filing of this writ petition are as follows:

¶3The petitioner was a student of respondent No.1, where he completed SSLC and after completion, the petitioner, through his father requested respondent No.1 to hand-over his SSLC original Marks Card, Transfer Certificate and Study Certificate. Respondent No.1 refused to hand-over the said documents to the petitioner on the ground that the father of the petitioner is still liable to pay the school fees and there are dues pertaining to the petitioner and until the dues are cleared, respondent No.1 will not hand over the said documents, as sought by the petitioner.

¶4The petitioner submitted a representation to respondent No.2. Respondent No.2 did not consider the representation. Hence, this writ petition.

¶5Respondent No.1 filed a statement of objections admitting that the petitioner was admitted in respondent No.1-Institution and cleared SSLC. The petitioner has not paid the school fees and there are dues. The father of the petitioner is liable to pay the school fees. If the petitioner does not pay the school fees, respondent No.1 will not be in a position to run the school. Hence, the action of respondent No.1 in withholding the Transfer Certificate, SSLC marks card, etc., is justified. Hence, prays to dismiss the writ petition.

¶6Heard the learned counsel for the petitioner and learned counsel for respondent No.1.

¶7Learned counsel for the petitioner submits that if there are any dues from the petitioner, respondent

No.1 has got an efficacious remedy to recover the said amount, but respondent No.1 cannot withhold the documents sought by the petitioner. The action of respondent No.1 in withholding the documents is arbitrary and illegal. Hence, on these grounds, he prays to allow the writ petition.

¶8Per contra, learned counsel for respondent No.1 submits that the father of the petitioner has not paid the fees, as such, respondent No.1 withheld the documents. The action of respondent No.1 in withholding the documents is just and proper. Hence, on these grounds, prays to dismiss the writ petition.

¶9Perused the records and considered the submissions of the learned counsel to the parties.

¶10It is an undisputed fact that the petitioner was admitted in respondent No.1-Institution and completed SSLC. After completion of SSLC, the

petitioner, through his father, requested respondent No.1 to hand over his SSLC Marks Card, Transfer Certificate etc. Respondent No.1 demanded for the payment of arrears of school fees and withheld the said documents only on the ground that the father of the petitioner has not paid the school fees.

¶11If the petitioner is a minor and the father of the petitioner has not paid the school fees, respondent No.1 has got an efficacious remedy to recover the said amount and respondent No.1 cannot withhold the certificates of the petitioner. As the petitioner has to pursue further studies, if these essential documents are withheld by respondent No.1, there is a chance of petitioner losing one academic year. Thus, respondent No.1 is at liberty to recover the said amount by due process of law from the petitioner's father.

¶12In view of the above discussion, I proceed to pass the following: ORDER

(i) The writ petition is allowed;

(ii) Respondent No.1 is directed to hand over to the petitioner his SSLC Marks Card, Transfer Certificate, Study Certificate, etc., as sought by the petitioner in his representation, within one week from the date of receipt of a copy of this order;

(iii) Liberty is reserved to respondent No.1 to recover the dues, if any, from the father of the petitioner, in accordance with law.

Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 1 Sl No.: 12