• School is not issuing TC and asking for additional term fees 60K (IB board school)

Its been a month we are chasing school for TC and we have mailed them several times addressing mail to their principal. They haven't reverted on mail. However, when we are personally visiting school office. 
their staff has clearly told us to get pay half of 1st term fees i.e. Rs.61000/- 
To which they will give us the bill of Tution fees + term fees. 

"We need to understand that is it legally allowed to school to ask fees in such manner. where my daughter is not going to attend their school and still we have to pay school for term+tuition fees where she is not going to attend their school" Please advise. 

School staff said that we should have informed them 3 months prior before we ask for TC. as per their rule book. Here we have requested them to issue TC and apologies for not informing them well on time. We have also mentioned reason - that My office location has been shifted month ago and due to this travelling long distance may not right for my health. 
To this school staff are denying to issue TC and they have been strictly instructed by principal madam that without additional fees they will not issue certificate.

Please help and advise us. Does school have such authority to hold TC or is it legal to ask additional amount for issuing TC.

Thank you
Swapnil Akewar
Asked 5 years ago in Civil Law

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21 Answers

1. Well, the school is within its right to ask for fees for the period for which you did not confirm that your ward is going to take TC from this school.

2. So the date informing them your desire to take TC is material. 

3. The school can always ask for fees for a the period before that for which the fees is still due. The attendance or lack of it of your child during this period is of no consideration.  

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

You can file a complaint to educational department and also file writ petition in high court for the same

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Please drop a mail to the District Education Officer appointed by the State Government and see the result. If they don't give file a criminal complaint for harassing you in the respective police station against the principal of the school as he is intentionally giving trouble to you , there is no such rule and if it is there it is ultra vires of the constitution and is challenged.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Demand is absolutely illegal and extortion. Complain to Director of education/Regional Joint Director.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

I repeat the school can not ask for fees for the period for which you inform the school that your child is to going to attend due to taking of TC.

If the school does not relent then lodge complaint with the Board to which it is affiliated . 

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

 

 

1) section 5 of right to education act provides that  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

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

 

3)

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

4) 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
94713 Answers
7530 Consultations

5.0 on 5.0

1. firstly please ask the school authority to provide you with a true copy of their rule book with the relevant rule marked in it on basis of which they are claiming the fees for the first term of the grade -3

2. Are parents deemed to have such knowledge when they are not given a copy of the rule book

3. did the school inform about any such condition at the time of admission of your ward in their school

4. does the school calendar mention any such rule ?

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

Here you have to take some different step. School's rule and regulations must have some value. Similarly your child has also a right to education. School regulations can no way become a hindrance to your child's future education. 

You give the school a legal notice. Write your child's further education is totally stopped due to non issue of TC. Demand immediate issuance of TC to continue your child's education within a week time failing which all the school authorities jointly and severally be liable for all consequences arising out of non issue of TC to my child and appropriate legal action shall be taken without any further reference. Also mention you shall remain liable to pay all fees and other charges if any except any disputed structure of payment which will be settled in court of law. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Hello, 

1)  Get a legal notice issued to the School seeking issuance of TC. State clearly that you have remitted the requisite fees for the duration where she attended the school

2)  If the school is adamant, you must approach the Director of Education at the district level. Education is your daughter's right and the school cannot withhold it by such illegal demands. 

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

No they can not arbitrarily claim the fee for the term that is not being attended by your daughter 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

and taking a TC after the term is the right of the student 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

if they are doing so then you must get in touch with a local lawyer and file the case against the school before the appropriate authority. 

Also you can give a complaint to the authority who has given recognition to the said school .

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

The daughters class was over in March. She must have attended her classes of the next grade in this time as is the norm.you shifted in aprila and hence informed them. They are right in demanding half of the fee.

You can request them and if they do not respond then you may send them a legal notice for the same. In case of private schools writ petitions are not maintainable.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If it is a Government school then a petition can be filed otherwise writeva complaint to the DIOS.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

A complaint must also be given to the director basic education.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes you don't need to pay. You can object

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Hi,

You are suggested to complain against school regarding this issue to district education Department and pray for direction to the school to issue TC without charging any money.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

The school is acting illegally, for this matter you can chose either one of the following remedy 

1. Meet the Principal of the school on person and request the TC to be given, ask the school to give in writing why they are not giving TC certificate .

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

There after also they are rejecting to issue Tc , 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.

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

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,

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The demand by the school authorities is exorbitant.

You dont pay them any extra money as demanded by them.

Just dont be contented by sending mails to the school authorities.

You should discuss with a local advocate and send a legal demand notice demanding TC by endorsing a copy to the district educational officer.

Let them give a reply or even not respond, you may drag them to court seeking justice and reliefs sought in the notice.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

You can very well admit your child to a different school of your choice, there is no compulsion on you that you should continue your child's studies in the same school.

Since this is the beginning of the next term there is no such rule forbidding you from taking away your child nor it is mandatory that you pay the complete fees of the term before you take TC of the child. 

You can resort to legal action if the school authorities are not cooperating.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

Dear sir

If the school is not going to open till June why should you pay the fees 

they can not force your child to study in there school and can't hold her TC.

You should Go for civil court for issuing mandatory Injunction to school for issuing TC.  

In this you should make party to school, it's director and principal of school. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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