• Transfer Certificate

I am a resident of Hyderabad and a school teacher ,My daughter is studying in the same school in grade X under CBSE,where I am working.Due to unforseen circumstances at school,I had to resign and simultaneously ask for a TC for my daughter.The school has refused to issue T.C,threatening me that without a TC ,the child cannot seek admission and by the time any legal action is taken against the school ,the child will lose a complete year  and has demanded for 2nd Term fee.As per the clause given in the school diary the 2nd term fee is to be paid before or on 10th of August.My daughter has not attended school from 6th of August.Can the school stop issue of TC ? Am I supposed to pay the 2nd term ?The school is pressurizing to pay and refuses to issue TC ,which may spoil my daughters future.Please help.
Asked 10 months ago in Constitutional Law from Hyderabad, Telangana
It is better you pay second term fees and take TC 

2) later file complaint against school before consumer firm and seek refund with interest

3) legal proceedings take time hence better pay under protest  
Ajay Sethi
Advocate, Mumbai
31117 Answers
1706 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
31117 Answers
1706 Consultations

5.0 on 5.0

The school is bound to issue TC whenever the parents of requested. No school can refuse issuance of TC under any circumstances. You have to seek TC of your child in writing under proper acknowledgment, if the school management refuses to receive you application for TC then you have to sent through post or courier and email also. In spite requisition for issuance of TC, the school management not considered your request then you have to approach concerned District Educational Officer (DEO) and District Collector. still the request is not considered, you can approach court of law including Hon'ble High Court seeking intimidate issuance of TC and as well as damages and compensation for delay caused and harassment mated to you by school management.   .  
Lakshmi Kanth
Advocate, Hyderabad
348 Answers
2 Consultations

4.8 on 5.0

If the conditions precedent to the grant of TC i,e payment of second term's fee are not fulfilled then the school can withhold TC. The second term fee has to be paid, if mentioned in the TC, regardless of whether your daughter attended the school or not. You may go to court to seek binding directions to the school to issue the TC but if the school is able to prove that violation of contract by you then you will get no assistance from the court. 
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

Since you were working in the same school, you know the characters of all the characters working there.

Hence, see if there ar any compromise that can be made in the interest of your child's academic career. 

Why do you insist in transferring your child in the mid of the academic year?

Did you approach the top management i.e., the district education officer in this regard?

Whatever worth it is, you may issue a legal notice through a lawyer demanding TC of yor child and wait for their reply for initiating further legal action. 

T Kalaiselvan
Advocate, Vellore
21271 Answers
208 Consultations

5.0 on 5.0

Is there any act under CBSE which states an action can be taken if an institution denies TC in any circumstance for a 10th grade student?




Without any valid reason or without any rule preventing issue of TC, the school authorities cannot unilaterally decide to not to give TC.

Hence you may first issue legal nti and await their reply for initiating further action against the school authorities. 
T Kalaiselvan
Advocate, Vellore
21271 Answers
208 Consultations

5.0 on 5.0

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