As you all know about my matrimonial domestic violence case. In a recent order Court dated 27 Mar 2019 asked me (Father) to sign on transfer certificate. The same, I put on appeal at Higher Court that is Session Court on the same date, filing application of my I objection on merits. I had my first Court date was 14th January and after that 14th March but in the in between no order was passed. Despite that my wife took admission of my kids on dated 4th Mar in Siddheshwar School, Guru gram, Haryana without transfer certificate. Earlier the Kids School was Don Bosco Delhi. This I found from Kids recent School fees receipts dated 4th Mar, mentioning Chq no. which was given by her advocate in court while filing an application for execution of Order passed dated 14th Mar. where I agreed to pay School fees. it is illegal so I am writing to Ministry of Education about this and complaining about such Illegal practice by Sidheshwar School Gurugram. Pl. Guide by sections and Laws by which put matter in court. 1. Can I complain in my DV Court case ? 2. Do I need to inform in session court where I put my appeal against TC Signing order given by Lower court? 3. Or do I need to file a separate petition? 3. Or do I need to put FIR in Delhi? Kindly guide with complete process and what Laws applicable? Is there any laws/ code of conduct on School academic practice?
As per the Right to Education Act, no child should discontinue education because of the delay in issuing a TC.
2) 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
3) there is no stay order passed by sessions court
4) mere pendency of appeal is no ground to deny child admission in school
5) no need to file separate petition or FIR
Sir no action from your side against school is tenable or maintainable in this case as there was firstly no stay on issuing TC secondly the principal of school is bound to issue TC on application of parent so that the child's education is not effected.
1. It is not illegal for a school to enroll a child without transfer certificate. The education of a child cannot suffer at the altar of a transfer certificate.
2. Did you seek injunction against the withdrawal of your child from his school by mother? If no such injunction was sought or was sought but was denied then mother was at liberty to withdraw the child from one school and enroll him in other.
3. There is nothing which Sessions Court can do.
As per all legal opinions, I understood, that unfortunately, in Indian Law, a Man after the marriage, there are no rights for Husband & Father and he has no existence in the eyes of Law. Thus, his opinion on School admission and his sign on the TC form has no legal importance and Wife can get admission of kids without Father's consent when Custody is not awarded to her. As stated by kaanoon.com long time back if it is b/w two states that Transfer certificate is mandatory for School admission. As per Court version: The court ordered me to sign on TC Form. It means the court understand the legal aspect of TC. Importantly COURT doesn't order School directly to give TC instead he asked me to sign first on TC form, which I had objected and put an appeal. The legal importance of the signing by the Father on TC form has some meaning which only the Court is aware and thus ordering the same. Else then why wife filed an application of TC in Jan. 2019 under DV court Case when there is no need of such order.? Else why the court took interest and passed an order when there is no such requirement? Apart, the School Principal of Don Bosco, Delhi, himself said it is illegal to get admission without TC and TC cannot be given without the consent of the Father of the child. At present, my DV case is now kept aside in Court, and the entire fight is focused on School admission. Interestingly both advocates, Lower Judge, and Session Senior Judge are all focused on TC because my Merits ground is correct. Wife has no time for kids as traveling daily 100 km daily (to & fro) and also Don Bosco School has a 2nd ranking, AAA+ Rating, and Boys School which near to Father current residence. I am a Professor and Academician. I think that there is a Code of Conduct for School academic practice. Do you all still think that TC has no relevance lawfully? Are all advocate missing any technical point? Pl. Check.
Here the paramount importance should be getting your child admitted. You can fight the case on merits and without hampering the childs education. Courts should focus on merits of divorce and domestic violence case rather than transference certificate
CBSE rules Admission: Specific Requirements
7.1 Admissions upto Class VIII (i.e. Class VIII and below) shall be regulated by the rules, regulations, orders of the State/U.T. Governments applicable to the place where the School is located.
7.2 Admission to Class IX in a school shall be open only to such a student who has passed class VIII examination from an institution affiliated to this Board or to any recognised Board or is recognised by the Education Department of the Government of the State/U. T. in which such an institution is located.
**7.3 Admission to Class X : - As the syllabus prescribed at Secondary level is of two years integrated course, no admission shall be taken in Class X directly. Provided further that admission to Class X in a school shall be open only to such a student who:
(a) has completed a regular course of study for class IX, and
(b) has passed class IX examination from an institution affiliated to this Board.
(c) A student who has completed a regular course of study for Class IX and has passed Class IX examination from an institution recognised by/affiliated to any recognised Board in India, other than this Board, can be admitted to a school only on the transfer of the parent(s) or shifting of their families from one place to another, after procuring from the students the mark sheet and the Transfer Certificate duly countersigned by the Educational Authorities of the Board concerned. In case of such admissions the schools would obtain post facto approval of the Board within one month of admission of the student.
2) there is no such requirement that transfer certificate be signed by both parents
Your wife has got the child admitted in another school without TC, hence it is she who has committed a crime which involves the school which has given admission without TC.
You have preferred an appeal against the order of the lower court however there is no stay order on the orders passed by the lower court, so there is no commission of any offence by your wife as far as this court order is concerned.
Getting the child admitted to a school without a TC is a private matter which may have to dealt with privately without involving anything in this case.
Therefore no application in this regard may be entertained by court, however you may discuss wth your advocate on this properly before taking any decision on this.
No FIR is also maintainable, however you can question the authority of the school to admit a child without TC from previous school, if they fail to give any reason or explanation then you may escalate the matter before the educational authorities of the district for proper action.
Your issue is nothing but a an offence committed by yor wife in this regard, hence an action against her and also against the school authorities which got the child admitted without TC is maintainable, for which you may initiate steps properly which would be more effective instead getting stranded in the court over this issue,.
The court will take its own time sometimes it may be even a year also to conclude on this.
Therefore for immediate solution you may initiate action which would be more proper and need of the hour.
