(Guest)

Cancellation of Transfer Certificate

Dear all,

With due regards I'm putting up a query which is of urgent nature. A friend of mine is working as a Lower Division Clerk in a Central Government Department located at Patiala (Punjab) under Ministry of Human Resource Development, Department of Higher Education. His daughter was studying in 'Our Lady of Fatima Convent Secondary School' a convent school with good repute in class '2' and had appeared for her final exams. My friend had asked his head office to get him transferred to a station of his choice. Now he has been transferred to the station of his choice. Thinking that his daughter who is already studying in a convent school will be easily considered for admission in the convent school located at the station of his choice my friend applied for the 'Tranfer Certificate' of his daughter from the school where she was already studying. But he is not being able to get his daughter admitted there in that convent school (in the school located at the choice of his station). The Principal of that convent school is stating that the convent school is not having any vacant seat. My friend requested her that his daughter may be considered for admission as a special case because of his transfer (under the tranfer quota of Central Government Employees), but all in vain, the request of my friend is not at all being entertained. Finding no action being taken on his request my friend decided that he will let his daughter study in the previous convent school (where she is already studying). Keeping this point in mind he requested the Principal of the previous convent school to treat his application for the 'Tranfer Certificate' of his daughter as cancelled. But now the Principal of that previous convent school is stating that they have already prepared the 'Transfer Certificate' of his daughter and now she can't be considered back i.e. the Transfer Certificate can't be cancelled.

Kindly guide the appropriate step to be taken in this case, as this is a matter of career/future of a girl child

Reply Follow

4 Replies

(Guest)

A thing worth to be mentioned here is that both the convent schools are affiliated with "CBSE" Board.

D.V.RamaKrishna (Advocate) 19 March 2010

Devendra Lingwal,

Firstly, is that the only school there in the city of the choice of your friend to where he has been transferred.

Secondly, he should have made all enquiries about these aspects before hand and then put his application for transfer to a station of his choice.

Granting a seat in school is the choice of the schools management that too when it is private school.

If that had been a Central Government School, there would have been some scope to fight for allotment of a seat for your friends daughter.

(Guest)

Dear D.V. RamaKrishna G,

Thanks for the reply. Your reply is quite correct that my friend should have conducted a survey of all the things and should have looked for all the aspects before opting that city for his transfer, but what about the situation when one is transferred to a place not according to his/her wish but according to the orders of the Government. According to Ministry of Human Resource Development and Department of Education, Right to Education is not only meant for the progenies of influential people, every one has the right to procure education from the school of his/her choice. Secondly all schools do have certains instructions from the boards through which they are affiliated, amongst such instructions is that they have to keep certain quota for the wards of transferable Central Government Employees. Thirdly, this is also a genuine issue that once applied for the Transfer Certificate from a school and once the Transfer Certificate is issued does the child lose the right to get education from that school if that student wants to get back with that school???

D.V.RamaKrishna (Advocate) 19 March 2010

Dear Devendra Lingwal,

Reply to your query with regard to quota is that even if the school managements have to maintain certain quota for admission of wards of transferable CG employees, admission can be given only to the extent of available seats within that quota and if any seats are available in the general quota. Beyond that it is the discretion of the management of the school whether to give admission or not.

coming to your point if one has to lose the right to education after obtaining the TC, i feel that the student can apply freshly to that school and request for allotment of a seat if there are any available seat as per the rules and regulations and management of the school. Mere obtaining of TC would not take away the right of education.