Parwati Bora And Others vs State Of Uttarakhand & Others

Pankaj Purohit, J

By means of present writ petition, petitioners have sought the following reliefs:-

"i) To issue a writ, order or direction in the nature of writ of mandamus directing the respondent no.2/Chief Education Officer, Udham Singh Nagar to take appropriate action for providing a Transfer Certificate to petitioner no.1 being the natural guardian/mother of the petitioner no.2 & 3, which is under unauthorized custody of respondent no.4/Gurukul Academy, Jhankat, Khatima, Udham Singh Nagar.

ii) To issue a writ, order or direction in the nature of writ of mandamus directing the Respondent No.2 & 3 to take an appropriate action against respondent no.4/Gurukul Academy, Jhankat, Udham Singh Nagar for withholding the transfer certificates of petitioners being arbitrary, illegal, unjust, unfair and violative of Article 14, 21-A of Constitution of India."

Petitioner no.1 got her wards, Master Saurya Singh Bora and Km. Uttara (petitioner nos.2 & 3), admitted to Hind Public School, Khatima, near her Mayka, as petitioner no.1 is staying at her Mayka due to matrimonial discord with her husband. The wards of petitioner no.1, i.e. petitioner nos.2 & 3, were studying earlier in Gurukul Academy, Jhankat, Khatima.

The issue which has been raised in the present writ petition is that the School, i.e. Gurukul Academy, Jhankat, Khatima, is not issuing transfer certificates of petitioner nos.2 & 3, which has resulted in inconvenience to petitioner no.1 for issuance of APAAR ID (Automated Permanent Academic Account Registry) to petitioner nos.2 & 3.

This Court, vide order dated 29.04.2026, asked learned State Counsel to get instructions in the matter to know the exact facts.

Today, learned State Counsel supplied instructions dated 06.05.2026, which are taken on record. On instructions, it is submitted by learned State Counsel that due to matrimonial discord between petitioner no.1 and her husband, the School is not in a position to issue transfer certificates of petitioner nos.2 & 3. In such a situation, the School is in confusion as to whose order the School has to comply with for issuance of the transfer certificates to petitioner nos.2 & 3. Both petitioner no.1 and her husband are the natural guardians of petitioner nos.2 & 3, in such a situation, the School is not in a position to issue transfer certificates of petitioner nos.2 & 3.

Heard learned counsel for the parties and perused the material available on record, this Court is of the opinion that, as per the instructions, the difficulty of the School is discernible, and the School cannot issue transfer certificates of petitioner nos.2 & 3 to petitioner no.1. Petitioner no.1 may seek redressal of her grievance before the court of competent jurisdiction. Without there being an order from the court of competent jurisdiction declaring one of the parties to be the exclusive legal guardian of petitioner nos.2 & 3, the school cannot issue the transfer certificates.

In such view of the matter, the petitioners may approach the court of competent jurisdiction to settle the dispute. Accordingly, the writ petition is dismissed in-limine.

Pending application, if any, stands disposed of accordingly.