• School not issuing TC

My son studied in CBSE affilated school in std 7 for academic year 2017-18. Now we have taken his admission in another school in feb 2018. Now I have applied for TC in previous school in which my son was studing. But the school say u should have to apply in February and issuing the TC. The academic year 2018-19 is not started yet. But the school is denying. School says to deposit the school fees for year 2018-19. Pl let me know what rule says. Pl guide me.
Asked 7 years ago in Civil Law

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12 Answers

1) You can ask them that educational year is not yet started. And please provide by laws which parents has signed initially at the time of admission.

2) Check the prospectus of the school and by laws, where it has been mentioned.this rule to pay advance fees and than will get TC, if not applied by the Feb month.

3) Don't pay single rupee to them. Make complaints in the education department of Maharashtra and district collector education.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. The student once apply for TC is entitled to get the same irrespective of the date of receipt of the same.

2. In this case the excuse of not applying for the same in the month of February, 2018 has no basis at all.

3. Equally the claim for sessions fees for the whole one year has again no substance at all and hence liable to be rejected.

4. So lodge complaint with the CBSE and if the same does not give any result then file a writ petition in high court. You will get desired result.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

if school is not willing to provide TC complain to board to which school is affiliated .

2) As per the Right to Education Act, no child should discontinue education because of the delay in issuing a TC.

3) If the authorities of the school failed to issue the TC even after a month, the same should be brought to the notice of the deputy director of public instructions or the block education officer, and they should take action as per the classification control and appeal (CCA) rules,

4) draw attention to provisions of section 5 of right to education act wherein Head teacher or teacher in charge is required to give immediate TC certificate . failure to give TC certificate invites disciplinary action against said head teacher

5) you can also lodge complaint with state commission for protection of child rights

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

I have come across many cases like this. Please understand that according to Supreme Court and High Court guidelines educational institutions have no right to withhold crucial documents such as Transfer Certificate (T.C.) and Conduct Certificate of students in an attempt to collect fee dues. It also observed that any claim relating to fee dues could be resolved only before civil courts. Fundamental rights of your son is violated. Your son have a right to education and it cannot be violated.

It is very unfortunate for someone who runs educational institutions with an avowed object of imparting knowledge and discipline to children to lose his balance and make such uncalled for statements.

No school has any authority to deny the issuance of the transfer certificates and other documents when the children opt to move to other schools.

You can approach the CBSE and education department of Maharashtra.

If they do not help then you should immediately file a writ petition in Bombay High court for violating the fundamental rights of your son.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

No need to deposit the advance fees they need to issue you the TC,they can't hold you for ransom.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Issue a legal notice in form of application to principal of school asking them to issue the transfer of certificate of your child.

If school doesnot issue after that ask them to reply in written and file a complaint in consumer court unfair trade practice and deficiency in services and for harrasment claim tc and damages from school.

As for wrongful gain the school in not issuing tc so it should be brought before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In some school, the school have their own rules for admission fees, time of payment, etc. What is the rule in the school where you son is studying? If the session 2028-19 has not started yet then you can seek for TC without paying the school fee because you will be sending your son to another school.

If still the school doesn't give TC then talk or write a letter to the administrative authorities of the school. If still no response from their side then you can take legal help.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

You should send them a legal notice asking for the Transfer Certificate duly issued in favour of your child. In case they fails to oblige to that notice or states their reason for not doing so then you can easily come before the court in against them.

You can also make a formal complaint in against them before the Ministry of Education of Central as well as State government.

In no possible circumstances they can ask for the fee of the academic year 2018-2019 in which your child is not studying over there.If you successfully highlight their demand in front of concerned authority by way of legal notice and complaint before the ministry and subsequently before the judiciary if required then there school license can also be cancelled.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

Hi

Ask them to provide with the rules under which they are claiming the fee for future academic year.

Insist them to explain the reason as to why you are asked to pay the same, i.e., in writing.

Insist for the rule as to making of application for TC in February.

All the above shall be in writing and under proper acknowledgement.

If they do not respond, lodge a complaint with the Board, by adding your aforesaid supporting documents.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Hello Good Morning ,

This is nothing but a sort of blackmailing which they cannot do.

Inform the same to the CBSE and also the education department of the state.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

The school cannot demand for the fee of the next academic year, it is illegal.

A representation may be made before the District education officer and the District collector in this regard.

Subsequently, if you dont get any reply then you may approach court of law for relief and remedy.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

File complaint with local education officer who are available the district or taluka education office

Anwar Zaidi
Advocate, Mira Bhayandar
233 Answers

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