My niece secured a position in 2nd admission list for class 6 in JNV. A TC (Transfer Certificate) is required from previous school with signature of DEO (District Education Officer) for admission. We got the TC of class 6 from previous school, but DEO refused to sign as this school is not recognised by government. And school had to pay a fee and fill up some form to get recognised. But school is also not ready to pay this fee. DEO is not taking any action against school. They are simply saying if school does not pay the fee, we will not sign. What are legal action that I can take ? Please suggest.
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Complain to deputy director of education in your state against school conducting classes ,admitting students without being recognised
Take the plea that child future is being affected as DEO is refusing to give transfer certificate as school is not recognised
if no action is taken file writ petition in HC against DEO and school
- As per Section 5 of right to education act. School cannot refuse to take admission of any child on any ground.
- Hence, the refusal by the said school is against the law , and can be booked for the said offence.
- You can lodge a complaint against the said school before the education department of Jharkhand and further forward a copy of the same to the ministry of education .
- Further, you can file a case against the said school , as it is a violation of Education right and Supreme court judgement.as well.
You can go to court against them
If the concerned school is refusing to accept the TC provided by the previous school, then you can report the matter to the District collector with a complaint against the school as well as the DEO who is refusing to counter sign the TC, keeping the child's education at stake.
Section 5 provides children the right to seek transfer from a Government or Government aided school to another such school in order to complete elementary Page 3 education and for immediate issue of Transfer Certificate to a child seeking admission to another school.
Right to education explained in law:
freedom of parents to choose schools for their children which are in conformity with their religious and moral convictions. freedom of individuals and bodies to establish and direct education institutions in conformity with minimum standards established by the state. academic freedom of teachers and students.
While the above being the fact, just for their own ego and for any other reason, one authority after another cannot drive the student or the parents from pillar to post denying their rights.
If you do not get any relief or remedy from District collector too, then you may file a writ petition before high court seek relief on this with appropriate directions to the concerned authorities and the new school to admit the child
Dear client I am sorry to hear that but in this case you can approach the court for the same what try to amicable the resolve the situation
Thank you all for your responses. We approached DC. DC spoke with DEO and DEO spoke with school principle. School is very small, educating students till class 7. Now School principle says that the child was studying in that school till 5 only. And the TC that we have of class 6 is fake. School principle said to DC and DEO that she never gave TC of class 6. What can be done now ?
TC must be signed by principal and must be on school letter head
file written complaint against school with deputy director of education
You have to prove the allegations as false by the documentary evidence only before the District collector.
You first confirm that if the TC given by the previous school was for leaving the class 6 and if so why the other school is alleging that your child only till 5th standard and what is the proof she submitted before the authorities concerned to prove this allegation?
Hence you ascertain the facts and then take proper action as per law if you have been duped by the school authorities
- If the said school has issued the TC on its proper performa and attested by the principal , then it cannot be denied at the time of admission by the other school.
- You can lodge a compliant against that school before the higher official to deny the admission .
Dear client I am sorry to hear that but in this case you can approach the court for the same. You can file fraud and misrepresentation case
You should file a writ petition in the High court stating all this and praying for a relief as these schools don't pay the fee for recognition and hence the parents and children suffer.
If your child studied till what you are stating then file a case in the High court.
Approach court