Roopa K 24 January 2023

School giving tc

My son had mild development delays and is slow in learning. However with support from home he is doing well with reading letters/spellings, writing numbers and alphabets and many basic concepts for his age; but for school this is still not acceptable compared to other children. So they asked us to take tc. He is currently in UKG. I am looking for other schools and if I get one will change him. Otherwise I requested school management to repeat him in UKG, but they are very firm in their decision. Can they forcefully give tc? I am worried if I don’t get seat in another school he will be at home. My elder son is also studying in this school and scores top marks. So changing means we even need to relocate to find proper schools for both of them, seats should be available. Please advise.

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5 Replies

Real Soul.... (LEGAL) 24 January 2023

File WP or just get an injuction from court; school managment cannot do so

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 25 January 2023

If you have been denied and don’t have another option for the private school, it often makes sense to just wait a year and reapply in the fall. You may want to consider reclassification if it makes sense to you; students reclassify to improve their academics, perfect their athletic and artistic talents, and to gain another year of maturity before heading off to college.

Sudhir Kumar, Advocate (Advocate) 17 February 2023

sems to be against public policy of composite education. You should meet Distt Education Officer.

Niharika Lohan 04 June 2023

Hi Roopa Ji, I’m Adv. Niharika and here is my take on your query.

Ma’am schools have a prescribed curriculum for all the students and they cannot in their right forcefully give a TC to any of the student based on low performance, especially at such a tender age. However, if it has been recognised by a medical institution / councillor / child specialist that a particular child is in need of special care and attention, apart from other regular students and such child has come under the category of a “special child”, then, in my opinion for a better and holistic development of that child, special care and attention must be provided. Schools which provide specific care for child with special needs is any day a better option for a better personality and confidence development of the child. The child might end up feeling inferior amongst other kids if he has special needs, which are not well addressed and that will hinder his over all growth.

An alternate remedy is also available if despite your efforts to try and convincing the school management to settle at a common ground. Then, you get their statements in written on a piece of paper and if that is not possible then you can get it recorded on your phone. Then your next step will be to address that along with an application to the District Education Officer.

It should do good. The Courts have now recognised that a school’s wishes are not over the child’s welfare and benefit.

You can reach me at Niharikalohan@yahoo.com in case you have further questions or need direction to proceed.