• School not issuing transfer certificate

I have change school of my son from April 2020 to another school due to unsatisfied quality education . i have verbal informed to class teacher of previous school by phone and the not taken any on line classes. Due to covid -19 lock down i have not reached the previous school . after unlock -4 reached school and applied for transfer certificate . but the denied to issue transfer certificate till deposit 6 month fees. Also caution money they are not returning.

please advice what i can do....
Asked 3 years ago in Property Law
Religion: Hindu

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16 Answers

Complain to director of education.  In most cities DoE is collector.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

You have to give written intimation 

 

mere verbal information is not sufficient 

 

pay the school fees demanded and obtain TC 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Hello,

  1. You must issue a legal notice to the school seeking issuance of the transfer certificate  and refund of the caution deposit. In the notice you must state that you had informed the school over the phone about your decision to withdraw your son from the school and the school was agreeable at that time. 
  2. Apart from sending the notice, lodge a complaint with the Education Department of the State regarding the unjustifiable steps taken by the management of the school.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

You can issue a legal notice demanding the transfer certificate.

Let them make their demand in writing after which you can drag them to court of law for their illegal demands.

Their demand for 6 months tuition fee during lock down period is unjustified and against the laws of the government in this regard.

You consult a lawyer and isue a legal notice immediately  as suggested.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

You can complain to educational department as well as file a case before consumer court

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Issue notice to the school seeking the TC, if they fail to respond you can lodge complaint with the DEO followed by file complaint against the school authorities.

Inspite of the  above if they fail to honor your request, you can file writ petition seeking direction against the school.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

- Under Section 5 (3) of the Right to Education Act, the transfer certificate is to be issued by head teacher immediately, and the head teacher will be liable for disciplinary action if the transfer certificate is not issued.
- Further , the Education Department has directed all schools not to stick to the condition of getting the school leaving certificates from students before giving admission to them.
- Hence the school is bond to issue transfer certificate to your son legally.

- You should give a written application before that school for getting transfer certificate , and if refused then lodge your complaint before the Education department of Haridwar. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

1. You may prefer to make written complaint to the ward Education Inspector about the events and refusal of previous school. You may request him to direct the school to issue "transfer certificate".

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Please approach Inspector of School and Education officer of your area and make complaint in writing expressly for the problems faced by you.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

You can send writen application and via email too that have verbal informed that you're going to change your son's school and not attend online school so kindly issue TC or else will make complaint to education minister and education department of district and state.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

A criminal complaint can be lodged against the school. A writ petition in the high court must be filed for such an arbitrary and illegal behaviour wherein your child's future is at stake.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

File a complaint against them in the education department and the affiliating agency 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. The security deposit if deposited is to be returned mandatorily once the students takes transfer or completes the education.

2. The Transfer Certificate i again the school is bound to issue which has no nexus with the fees, if any, renaming due.

3 Now if you do not get the problem resolved soon then file a writ petition in high court. 

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

you may write a complaint to the concerned District Education Officer (D.E.O). 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file suit against school before consumer forum against their inappropriate demand of fees not refunding caution money.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to serve the legal notice to the school management and then file the case. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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