Right Of Children To Get TC From One School To Join Another Can’t Be Denied Merely Because School Fee Is Due: Telangana HC
The Telangana High Court observed that the right of children to get Transfer Certificate (TC) from one school to join another one for whatever reason cannot be denied by the school authorities merely because the school fee is due.
The Court observed thus in a writ petition filed by the parents of students, seeking direction against the school for not issuing TCs to their children.
A Single Bench of Justice Surepalli Nanda held, “This Court opines that the right of children to get the Transfer Certificates from one school to join another school for whatever reason cannot be denied by the school authorities merely because the school fee is due, if an amount is due towards fee, the proper course open to the 6th respondent is to file appropriate proceedings against the petitioners for recovery before competent courts and coercive tactics cannot be adopted by the 6th respondent to make the petitioners pay the school fee.”
Advocate Y. Soma Srinath Reddy appeared on behalf of the petitioners while Advocate M.P.K. Aditya appeared on behalf of the respondents.
Factual Background -
The petitioners were the parents of students studying at Brilliant Grammar High School, Godavarikhani and all of them were pursuing their schooling at the respondent school and previously got admitted at the said school. As per the petitioners, the respondent school did not give TC to their children and harassed them to make additional payment apart from the balance fee payment in order to issue the same. Upon their sincere request, the other school accepted to join their children to its school subject to the condition that TC would be given to them at the earliest. While, the petitioners tried to persuade to give their children’s TCs, the respondent school failed to issue the same and resorted to making illegal demands time and again.
The other school on numerous occasions informed the petitioners to submit TCs at the earliest and also indicated that admission was provided only on the assurance that TCs would be provided. Hence, the petitioners requested for additional time to submit the same as it was not released by the respondent school. The other school stated that it was helpless as the respondent school issued closing orders vide proceedings due to which the authorities on the basis of such closing orders, directed the petitioners to take necessary steps to close down the classes I to X for not submitting TCs of their children. The other school was putting pressure on the petitioners to submit TC for the purpose of registering the students’ names in Unified District Information System for Education. Being aggrieved, the petitioners filed the writ petition.
The High Court in the above regard said, “This Court opines that the 6th respondent cannot withhold the Transfer Certificate unless and until the amount in dispute as school fee is paid by the petitioner. There is no lien on the certificate of the students since the certificate of the student is his/her property.”
The Court added that there is no justification by the respondent school to withhold the certificates of the children of the petitioners. Therefore, it directed the respondent school to issue TC to the children of the petitioners within a period of two weeks.
Accordingly, the Court allowed the writ petition.
Cause Title- Vyshnav Dinesh & Others v. State of Telangana & Others
