• Withholding marks card and TC by an education institution for not clearing illegal penalty on studen

Dear Sir,
My daughter was studying 2nd PUC in a an institution remotely situated from our dwelling area. She had completed her 2 year course and when undergoing special coaching at the same institution. The hostel warden found a mobile hand set with her and they seized the same and complained to the principal of the institution simultaneously they called me also. The principle than had expelled my daughter after convincingly and repeatedly told to him that our area is remote from the place of studies and after completion of the cet course the student has travel from the institution to our place alone, hence my wife, without my knowledge had given her a live handset for safety purpose.
Not heeding to what we say the principal not only expelled my ward but also he is demanding rs 25000/- as penalty. For which I had given him a letter stating my inability to pay while taking my ward to my residence. 
Now, the principal is not giving my daughter's Marks card and TC. Please, let me know what are the remedies I have to receive the documents from the institution.
Asked 1 month ago in Civil Law from Hunsur, Karnataka

You can file a writ petition before the high court seeking direction against institution for removing the penalty amount and  reinstating of daughter to school.or return of tc or marksheet.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

file police complaint against principal for failure to give Tc 

 

2) also complain to deputy director education against the institute 

 

3) you can pay amount under protest then file complaint against institute before consumer forum seek refund of money paid by you with interest 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

1. Send a legal notice to the Principal demanding for the issuance of Marks Card and Transfer Certificate.

2. Complain against the erring Principal to the University/Education Board and request it's immediate assistance in getting the Marks Card and TC.

3. Complain against the Principal for demanding the bribe to Lokayukta/Anti-corruption bureau, etc and request for its mediation in resolving the issue.

Shashidhar S. Sastry
Advocate, Bangalore
2118 Answers
144 Consultations

5.0 on 5.0

Sir,

      Your case is very clearly shows that how can teaching institution, harass parents and students.

      You can file police complaint against school and if they didn't help you then

       you should file writ petition against school in high court for direction against school.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

You can complaint to the educational department. You can also file a complaint with consumer court and demand compensation

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

Complain to education commissioner of your city, IF mobile is barred in institution that can be kept on silent or off in premises but she cannot be barred on this reason. For safety purpose, mobile is necessary, even govt. is promoting such safety measures.

Consumer court also another remedy for refund of tuition fess + compensation + Marks card and TC.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Such a practice is held illegal by the recent Judgement of Supreme Court and Kerala High Court. You can contact me i will file a writ petition under Article 226 of the Constitution and get a direction to release your educational testimonials. 

Jamal Sait
Advocate, Bangalore
102 Answers
1 Consultation

4.9 on 5.0

Issue a legal notice to this Educational Institute in the present matter.

If the legal notice fails to help, approach the concerned High Court having jurisdiction and prefer a writ petition.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Hello, 

File a writ in the HC. No condition can be imposed which is illegal and arbitrary. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Hello,

You should immediately lodge a complaint to the secretary of the education ministry else file a writ,

Regards

Swarupananda Neogi
Advocate, Kolkata
1061 Answers
2 Consultations

4.8 on 5.0

Dear Sir,

No college can keep original certificates of students in their custody: UGC

"No student will be required to submit any original academic and personal certificate like marksheet and school leaving certificate at the time of submission of admission form. No institution can take any original certificate into their custody. They can only ask for self-attested copies of the documents," HRD Minister Prakash Javadekar said.

"In case a student withdraws the admission 15 days before the notified last date of admission, he or she shall be entitled for a 100 percent refund. Some colleges which deduct a processing fee cannot deduct more than 5 per cent paid by the student, subject to a maximum of Rs 5000," he added.

You can check for latest update from VTU vice chancellor about this issue that colleges cannot withhold marks cards - Engineering college returns student’s certificates after RTI query (Engineering college returns student’s certificates after RTI query)

If they still insist for money, and if you wanna legally fight, you can show them this article and file a complaint from RTI (Right to Information) department who will send notice to college to return marks cards within 1 week - Return of original documents - Ask for RTI Support - RTI INDIA ...

Netravathi Kalaskar
Advocate, Bengaluru
3209 Answers
15 Consultations

5.0 on 5.0

How can file complaints to UGC and university of that city under whose area it's comes plus you can make complaint to HRD at Delhi as well.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

Transfer Certificates cannot be held legally by any school or college under the law. You must write to the college principal/dean asking for reasons for refusal to grant TC. If for any reason the principal does not reply to your letter you can issue legal notice through a lawyer to the Management authorities. You can also proceed to high court and file writ against them. Kindly note when you send letter to the management, please send it through registered post or courier to create record for court purposes

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

Dear Sir,

It is illegal act of the principal. It is like not releasing the dead body by the hospital for the reason the relatives not paid the hospital bills. It is not the course of action for the principal. There are several judgments. Please get issue a legal notice.

Kishan Dutt Kalaskar
Advocate, Bangalore
4440 Answers
112 Consultations

5.0 on 5.0

Dear

You should file a suit for mandatory injunction against the Institute for release of her marks card and transfer certificate in civil court of the area where the institution is situated.

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

The act of the principal is not at all justified.

She cannot act in such a rude manner especially when the student has already completed the two years course and is attending the special class for future examinations. 

If she is refusing to the TC or marks sheet, then you may either make a complaint against her with the university registrar or issue a legal notice to her warning her for stringent action against her through court of law for such illegal activities.

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

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