• Fees issue

Our child is studying in a day boarding school and the fee they take is in two terms.first term at april and second term due on 1st october to 10th october.now we do not want to continue with the school and asked for tc on 4th october but the school is refusing to isssue the tc until the full second term fee is completed.when we are not continuing the sesssion is it neccesery for us to pay the fees .is it leagal
Please advice
Asked 2 months ago in Constitutional Law from Mount, Rajasthan
You ought to have applied for TC before the commencement of the second term i.e 1st October. Since the application for TC was made after the beginning of the second term it is perfectly legal for the school to demand the fee of the term as a condition precedent to the issue of TC. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1) seat of the school goes waste hence school is demanding fees for balance term 

2) if school is not willing to provide TC complain to board to which school is affiliated . 

3)  As per the Right to Education Act, no child should discontinue education because of the delay in issuing a TC.

4 If the authorities of the school failed to issue the TC even after a month, the same should be brought to the notice of the deputy director of public instructions or the block education officer, and they should take action as per the classification control and appeal (CCA) rules,

4) the state department of public instructions  bangalore  has issued an order stating that schools should not delay the TC-issuing process. Even if the student requests for a TC in the middle of the academic year, the school should consider it as an emergency and issue the TC immediately. “If we find any negligence in issuing the TC, the headmasters of both schools, that is from where the TC is needed and the school that the child wants to join will be held responsible,” said an official from the department.

5) - draw attention to provisions of section 5 of right to education act wherein Head teacher or teacher in charge  is required to give immediate TC certificate . failure to give TC certificate invites disciplinary action against said head teacher 




Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
School cannot refuse to furnish TC 

2) if school refuses  to give TC file complaint with the board ti which school is affiliated 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
This is no ground to avoid the payment of fee.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
The general rules would be that the full term fee to be paid even if the student is withdrawn from continuing the school education. 

If the school is not obliging then you may wait for the child to complete the academic year of education.

You may issue a legal notice but how far that will be effective is to be seen while the school authority give a reply notice..
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
But if we have finanancial crisis and we are not able to pay

There is no exemption for any sentimental hardships. 
The rule shall be common to all. 
You may approach the top management of the school to see if there can be any respite.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 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

Constitutional Lawyers

Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Nahush Khubalkar
Advocate, Nagpur
44 Answers
4 Consultations
5.0 on 5.0
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
3.0 on 5.0