• Right To Education Act Transfer Certificate

Dear Sir,

My son is studying in Class 1 of a neighborhood school. I wanted to shift him to another school within the same locality or to Hyderabad as I wanted him to study CBSE syllabus.

The current school is saying that transfer certificate will be issued only on the condition that I should bring an admission letter or a NOC from the new school.

What options do I have against the current school?
Asked 1 year ago in Civil Law from Bangalore, Karnataka
Hello,

Issue a letter stating that Issue your son's  TC within a weeks time otherwise you will constraint to proceed legally.

If school responded okay, otherwise you can file a writ in the High Court Hyderabad directing the school to return the TC.

MVVN Sivanthy
Advocate, Chennai
5 Answers
0 Consultations
Not rated
1. The school has no business to insist that TC will be issued on the condition that an admission letter should be brought from the school in which the student is to be admitted. 

2. Issue a lawyer's notice through your lawyer to the school. If the school doe snot agree to issue the TC even after the notice from your lawyer then you may go to the court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. You are free to proceed against the current school.

2. Even if a new rule has been brought in force then such a rule is illegal and can be challenged in the court by you. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) As per Section 5 (3) of RTE, TC is to be issued by Head-teacher immediately.

2)The head-teacher will be liable for disciplinary action if TC is not issued.

3) the school wherein your child is seeking admission cannot deny admission if TC if  there is delay in procuring Tc certifcate 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1) you ask the school to give reasons in writing for refusal to furnish TC 

2) , the state department of public instructions in 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 issue TC . if there is negligence in issue of TC head master  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
23367 Answers
1224 Consultations
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 Hi, NOC is not required you can take transfer certificate from old school and get admission to new school.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Send a legal notice to the school asking them to issue the TC. let the school give written reasons for the denial of the TC. as per law, TC is to be issued immediately. No one can be forced to study in a particular school or college. 

You can proceed against the School in bangalore. A writ petition seeking directions against the school is advisable.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. You are seeking a Transfer Certificate from the school opting to transfer your son's admission to another scool,

2. TC is not a document certifying that your son studied in the said scool. It is a certificate transfering his admission to another school,

3. The school is within its right to ask for admission letter or NOC from the transferee school.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. You want to change the school compulsorily,

2. So, there should be a school to be decided by you where you want to shift your son to,

3. Moreover, when the school said that it is a new rule framed by the education department for issuing TC, then the matter gets closed.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1.Through RTI, obtain the order of the education department that compulsorily demands NOC from the new school and get the true information.
2.Based on the reply you can think of proceeding against the bangalore school.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0

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