Published: 22nd August 2018
Madras High Court rebukes school and mother over fake transfer certificates fiasco
The court warned Lakshmi, the wife of the petitioner Dr S Diraviam Dinesh, not to indulge in any fraudulent activities, which will ultimately affect the future of her children
The Madras High Court has reprimanded a well-educated woman, originally based in Palakkad, Kerala, for spoiling the career of her children and also a Chennai-based school for issuing a bogus transfer certificate (TC) to let her admit her daughter in a school in Bangalore.
The court warned Lakshmi, wife of petitioner Dr S Diraviam Dinesh, not to indulge in any such fraudulent activities, which will ultimately affect the future of her children. This observation does not necessarily mean that she is absolved of the charges in a criminal case pending against her on the same charge, as applying the principles of a preponderance of probability, the mother of the child is guilty of obtaining a fake certificate, Justice S Vaidyanathan said.
The judge was disposing of two writ petitions from Dinesh, all centred on the fake TC, recently. The judge also recorded his displeasure at the act of the petitioner, as he is ruining the lives of his children, by not allowing them to pursue their education peacefully. "It is high time the petitioner realises that it is not only the spouse who is affected in a matrimonial dispute but the children too. If a separated parent, who takes care of the child, is mentally tormented by his/her spouse, he/she will not be able to guide the child properly and thereby, the child will become a spoilt one. A family should be built up with love and affection and it is disheartening to note that the family in the case on hand is built up with endless litigations, which is eventually destroying the peace and prosperity of the children," added the judge.
Referring to the Holy Queen Matriculation School at Nagelkeni in Chennai, which had issued the fake TC, the judge said that it had to be closed down. However, taking into account the welfare of the children studying in that school, such a direction was not issued. He, however, directed the school management to place the official concerned under suspension and proceed with disciplinary action against him/her, who had issued the fake TC, conduct an enquiry on a day-to-day basis and pass an order of dismissal from service, if proven guilty.
The exercise shall be completed as expeditiously as possible. The official may be given an option to submit his/her resignation from service, before the commencement of disciplinary proceedings, the judge added. The mother had not only obtained a bogus TC but also a community certificate stating that her daughter belongs to the SC community, whereas her husband belongs to Chettiar and her to the Naidu community.
It is shocking to note that the wife has gone to the extent of mentioning the community of her daughter as Scheduled Caste when the child actually belongs to a backward class, the judge noted. The petitioner's wife can not contend that the caste of her daughter had been wrongly mentioned, as such facts can never be wrongly mentioned by an educated parent.
Even though there is a conflict of interest, it is seen that a senior counsel is engaged by the wife to represent both herself and Holy Queen School, for reasons best known to her, the judge said. The judge was told that a criminal case has already been filed against the school and the woman and the proceedings in respect of the offence under Section 420 of the IPC are pending. Whether the offence is made out or not, it is for the criminal court to decide. That apart, when the criminal court is seized of the matter, it is not a preponderance of probability, but it is the prosecution, which has to prove its case beyond reasonable doubt, the judge said.