• TC denied by school to nephew on account of court case between her parents

My sister was forced to leave her husband's house with her 6 yr old son due to well planned conspiracy by in laws and husband after 14 yrs of marriage which she has been carrying all these years.As she has come to our place in gurgaon we want kid to be admitted to nearby school but previous school(Delhi) is refusing TC on the ground that there is a court case going on between couple we can't give TC.How can a school deny education to children by quoting a case(and case is my sister fighting under dv act and has filed for maintenance in district court).How school can refuse and what legal action we can take against the school for doing so as there is a RTE act for complusory education.Kindly guide sirs
Asked 4 years ago in Civil Law

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9 Answers

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,

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hi, it is advisable to file a petition under section 482 Crpc in Delhi high court for obtaining directions to school for issuance of TC .. Under section 482 Crpc high court has discretionary power to issue such directions

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Client,

This is bullshit, No school can deny TC. Go through below link, will find the solution. Sister can also seek court order u/s 21 & 23 of D V act to order release of TC.

http://www.doepvt.delhi.gov.in

Read more at:

http://timesofindia.indiatimes.com/articleshow/55479919.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello

A TC cannot be denied on grounds of an ongoing dispute between parents. This means that until the dispute is sorted out.. The child would not study and will not go to school!! Submit a representation be free the DIOS immediately and if he does not respond file a writ petition before the HC.

REGARDS

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

It not a legitimate reason. You should complaint to District Officer a

For the same.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Dear Concern,

You need to seek the custody of the child from the Court by filing a separate application before the court of law where your sister is residing in present days. Unless the court grants her the custody of the child she can't take away the child from his/her actual location and unless there is a proof that she has been given the custody of the child from on official note the school is right in their ambit to deny the TC to your nephew.

Reason -

(i) if they give TC to your nephew on the request of your sister then her in-laws and husband can bring a separate suit in against them dragging them as well before the court of law, which in obvious situation they would like to happen.

(ii) granting TC is not a difficulty but granting TC in a situation wherein parties are before family court in relation to their matrimonial discord and none knows who will get the custody of child is a difficulty.

So take my advise file a suit before the court of law and seek custody of the child. Ask your nephew to come along with her mother to state that he wants to live to with her mother and based on this submission ask the court to grant the custody to your sister till the finality of the suit (custody suit - your sister's husband will also come to contest this case and after hearing his part final grant will be given from the side of the court in relation to custody).

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

1. The mere pendency of litigation between parents of the student is not a ground on which the school can deny TC to the student. However, if one parent has not consented to TC then school ordinarily cannot grant TC.

2. The remedy for your sister is to enrol her child in a school without TC. If the schools do not enroll her child without TC then your sister can file a suit for mandatory injunction against it.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

The school cannot deny to give TC on this ground.

The school has nothing to with the prents matrimonial dispute.

Your sister can issue a legal notice to the management of school; and then initiate legal action either through the education officer or court.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The action of the school of not giving the transfer certificate on pretext of the cases between the parents is illegal, if she has the custody of her child.

She can file writ petition of mandamus under section 226 of the Indian Constitution seeking orders against the arbitrary action of the school and to order them to give the TC of your nephew.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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