• School not providing TC for my daughter

Hello Sir,

I'm Sivakumar.D, working in Dell International Service at Chennai. My daughter was studied in Vruksha Vidyasaram school in my area. Recently this school management has sent a circular for collection additional facility fees (Rs.12700) from this 2015-2016 academic year. All the parents surprised and enquired the school management about this additional fees. But we are not received any proper response from them and they are not ready to waiver of facility fees. So we have decided and changed my daughter to other school, because we are not ready to pay facility fees. We have requested the school to provide TC and awaiting for that more than 25 days. But the school is not giving me TC and threatening me to pay 3 months fees of Rs.9000. They are justifying like " You have given continue consent, so you need to pay this amount". Actually they had collected the consent circular in the month of Dec-2014 and then given the facility fees circular    in the 3rd week of Jan 2015. To be frank with you, i have paid nearly 1.5 lac for my daughter (for Pre KG, LKG and UKG). Please guide me, how to get the TC from school. Kindly help me. 
Asked 1 year ago in Civil Law from Chennai, Tamil Nadu
It is advisable to issue a legal notice to the School authorities asking them to issue the School Leaving Certificate. No School can bound the student by a bond or ask them to pay money if they want the child to study in a different school. You need to share the details of the consent circular to know as to what could be the flaw in the managment of the school.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1) 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) the state department of public instructions  bangalore  has issued an order stating that schools should not delay the TC-issuing process. Even if the student requests for a TC in the middle of the academic year, the school should consider it as an emergency and issue the TC immediately. “If we find any negligence in issuing the TC, the headmasters of both schools, that is from where the TC is needed and the school that the child wants to join will be held responsible,” said an official from the department.
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
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1) thanks for your appreciation . 

2) ask the school to give in writing why they  are not giving TC  certifcate . 

3) - 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 

4) you can also lodge complaint with state commission for protection of child rights 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
1. The parents had an alternate to change the school of their children-they could have challenged the decision of the school in the court.

2. Unless the school fee is paid in entirety the school can refuse to issue TC. 

3. Since the new fee would be applicable for the academic year 2015-16 the school cannot refuse to issue TC to those students who did not study beyond the academic year 2014-15.

4. You may issue a lawyer's notice through your lawyer to the school to demand the TC. If TC is not issued even after notice from your lawyer then you may move to court and seek directions to the school to issue the TC.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hello,
1) Meet the Principal of the school on person and request the TC to be given.

2) It would be helpful if we can gain access to the documents to advise you appropriately.

3) You can also issue a legal notice to the school to forthwith return the TC if they refuse to do so. When you meet the principal let him know that you will be compelled to take legal resource.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. The school is acting illegally,

2. The consent clause was signed by you before the said illegal demand was made by the school and you had opted out of the school in a very civilised manner after objecting for the said huge claim by the School,

3. You can pay the said amount of 3 months fees and take the T.C to get your child admitted in to a new school as oterwise her study and academic year will be effected,

4. After that file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the said amount with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
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