• School not issuing TC at the end of academic year

My kids are studying in 3rd n ukg in Anan kids academy(cbse affiliated) located in Coimbatore. On the 8 th of march 2016,towards the end of the academic year we requested the school to issue a TC for both my kids. The management ordered us to pay the first term fees of the next academic year of both my kids amounting to ?51000/-. On receipt of this amount they will issue the TC which is unacceptable by us. 
The school had issued a circular on 4th of Jan 2016 stating that a request for TC has to be made before 12th Jan 2016 failing which first term fees will be collected. That time we were not sure about changing the school. The school diary no where states such rules . 
Is the demand by the school justified. We even met the principal who is a puppet in the hands of management. 
What action can be taken on the school. And how fast will the legal system work on this matter.
Asked 9 months ago in Civil Law from Coimbatore, Tamil Nadu
1) school cannot refuse to issue your child TC 

2) yiu cannot be called upon to pay next term fees of Rs 75000 

3) the circular issued by school is unsustainable in law 

4) complain to dy director of education of your state 

5)if no action is taken by dy director file writ petition against the dy director of education for not taking any action against the school for demanding next term fees for issue of TC 
School should be made party to Said  petition 
Ajay Sethi
Advocate, Mumbai
23277 Answers
1219 Consultations
5.0 on 5.0
1) As per Section 5 (3) of RTE, TC is to be issued by Head-teacher immediately.

2)The head-teacher will be liable for disciplinary action if TC is not issued.

3) the school wherein your child is seeking admission cannot deny admission if TC if  there is delay in procuring Tc certifcate 
Ajay Sethi
Advocate, Mumbai
23277 Answers
1219 Consultations
5.0 on 5.0
This is illegal per se. When TC is being applied during the current academic session the fee for next academic session cannot be demanded as a condition precedent. Since the demand by school is in accordance with rules framed by it, of which you did not had notice, you ought to challenge the circular as illegal. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Hello,
1) It is arbitrary and illegal on the part of the school management to  demand fee for the following academic year in which your children are not intending to attend the school and hence the  move by the school is unjustifiable despite the school issuing a circular.

2) Since your meeting with the Principal who can not make independent decision in the matter was fruitless, you need to issue a legal notice to the management demanding the issuance of  TC for your kids immediately failing which you would approach appropriate forums or court for your remedy . Send a copy of the Legal notice to the Educational officer of your area. Clearly make mention in the notice that the school shall be held responsible for any delay in the matter as it can impact the academic year of the student.

3) If the legal notice fails to produce the  desired results, you will need to proceed to the consumer forum or a civil court for the redressal of your grievances.

S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi

School cannot charge you for the next academic year in the month of March,.circular issued is illegal and can be challenged in a civil court and you can seek the recovery of the fee,  compensation for the harassment ,  and the delay in getting admission and followed financial  loss in a consumer forum  or in a civil court .

There can not be any agreement or rules which force you to pay the fee for the next year before the scheduled  period for the payment of fee.
Since CBSE affiliated schools don't come directly under District Education Officer.

Legal steps will take time, so before taking the legal step you should obtain TC by complying the demands of the school, otherwise it will unnecessarily delay your children's next yea admission in other schools.Then sue the school for recovery of the fee paid and compensation.
you should send the school a legal notice , most likely a legal notice through a lawyer will serve your purpose.
In case the management continue to be stubborn  file complaint in the consumer forum for their 
The copy of the legal notice be send to the CBSE board office as well with a covering letter stating the facts, so that the affiliation of the school will be in trouble.
There is nothing legal in their stand and demand but you cannot afford the time on the legal process and allowing the child in the same school while dispute is on is not good.so take a practical decision to get the TC and take legal action against the school , you will be bale to get your legal expenses and cost from them in the court.
The  
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Give a representation to the concerned District Collector, Primary education department and concerned Ministry of your state.  Additionally you can also file a consumer case against the school owner making the principal as party.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
thanks for your appreciation 
Ajay Sethi
Advocate, Mumbai
23277 Answers
1219 Consultations
5.0 on 5.0
Hello,
1) You are most welcome.Hope good sense prevails on the school management and do as demanded.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Best wishes!
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Is the demand by the school justified. We even met the principal who is a puppet in the hands of management. 
What action can be taken on the school. And how fast will the legal system work on this matter.
This demand by the school is highly unjustified and not tenable in law.
What you do is that you send an application demanding TC by registered post with AD card addressed to the principal.  Let the principal answer to this application.
If you dont get a reply to this letter sent by registered post, you may send a reminder to the top management of the school and endorse a copy of this application to the competent education authority.
After that also if you dont get a reply  you may send a legal notice demanding the TC and if they mention about the fee for the first term of the next academic year, you can inform them that there is no rule or law to demand fee for the studies not undertaken and ask them to provide the school rules in this regard which was notified.
After following all these steps meticulously, you may start waging a legal war against the management of the school by first filing a civil suit seeking damages and also a consumer case demanding compensation for the mental agony and for redressal of grievances, besides publishing the atrocities through the press media so that the school's name and its atrocious behavior is brought to the limelight of the entire world. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Thank you so much for the immediate response. I am really grateful.  
Have already sent a mail to cbse and now will be sending to the educational officer here.  Also will send a legal notice to the school authorities. Thank you for your support.

You are welcome for your appreciations.  You should follow the matter vigorously so that the lesson taught to this school should be a lesson to other rowdy schools like this.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Hi, First issue a legal notice to the school authorities and after that file a complaint in the Consumer forum. The School authorities can't refuse to give TC to your kids.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23277 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0