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Denying transfer certificate and asking to pay fees by schoo

Querist : Anonymous (Querist) 04 June 2021 This query is : Resolved 
I am a housewife from Ooty and my husband is working as a driver in a tea estate. I have two daughters. One is studying in the private school under the RTE scheme (free education from class 1) and the other daughter is studying by fees (paid by sponsors). When they are in class IV, the school had stopped the free education scheme for reasons unknown. I had paid a total of 22,100 for each child for class V but I couldn't able to pay more (i.e., 14000 each) by December 2020. So no class was attended by my daughters. The school denied entry to attend the classes (online classes). We decided to change the school for the next class where school fees are nominal and affordable. The nearby school we took the admission for my children (five thousand each for children per year). Now the previous school is denying to issue the Transfer Certificate and asking us to pay Rs. 28,000/-. I don't know what to do amidst this lockdown. Already last year, I had paid the fees of 44,200 by pledging the gold and borrowings from my friends. I am kindly requesting to provide the solution for this problem.

Parimala Surendar.
kavksatyanarayana (Expert) 04 June 2021
When they are not permitted to online classes how can they ask you? I think the fees they are asking relate to previous months. So for previous months fees has to be paid. However, request the District/Regional Educational Officer in person (either you or your husband) and appraise your problem. Best of luck.
T. Kalaiselvan, Advocate (Expert) 05 June 2021
If the school is insisting on the fees and is not ready to give TC, you may approach the district education officer with a complaint against the school authorities for their tortures especially about the illegal demands for the fees and not issuing the TC.
If the DEO is also not cooperating then you can approach CEO or even CM's private cell with a similar complaint expressing your grievances and seek the requisite relief by their intervention.
Dr J C Vashista (Expert) 05 June 2021
Well advised by experts, I agree.

Approach concerned DEO / Director State Education Board/ Secretary State School Education for issuance of necessary direction to the concerned School, who is illegally withholding TC.
ashok kumar singh (Expert) 05 June 2021
agreed with views of earlier experts, therefore no further comments, so far.
K Rajasekharan (Expert) 05 June 2021
The school authorities have no authority to withhold the TCs of the students for not paying the fee or dues by their parents.

If there were some arrears of fee to be paid the authorities have the right to send notice, take a y legal action or even file a court case in regard to the disputed payment. But they cannot withhold the TC.

Education is a fundamental right. Denying a student his TC is equal to prevent that student exercising his fundamental right. It is an unlawful act of the worst kind. Neither the government nor the court even has such an authority to do so.

The pandemic made everything topsy-turvy. It is a difficult period for the schools as well. This denial of TC is for pressurising the parent to pay the amount. It is something equal to strangulating a parent for paying the fees or dues knowing clearly that the parent will do anything to ensure education for his/her child.

Even if the action of the school authorities is patently unlawful there is no easy way to get quick or inexpensive relief.

So approach the issue strategically. You send a letter to the school, then to the District Officer, then to the State Officer, then to the minister etc by citing the previous complaints in quick succession depending on the time available.

Getting a direction from the High Court is easy in this issue. But that is a slightly expensive route.
K.S.Ramaswamy Advocate (Expert) 08 June 2021
In my view, the writ petition may be filed and Order of direction will solve the issue on hand. Further, in this pandemic situation Withhold of TC and denying the same by the educational institution is not correct.

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