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College not giving NOC & Transfer certificate
28-Jul-2023 (In Consumer Court Law)
My son ABC is studying in 1st Year in Bhagwan Mahaveer Institute of Engineering Technology. Behind Fazilpur Sub Station, Sector - 10. Delhi-NCR, Sonepat, Haryana, India. Pin Code- 131001.
Due to Medical Problems he wants to Migrate to another Institute i.e. RTU, Kota but the said college/University has denied grant of TC/ College Leaving Certificate and forward the documents required by the DCRUST University for grant of the Migration Certificate, in spite of my best efforts. The Contact No of the Director of the College (Col Yogesh Jain) is 9812421123.
I have completed all the fo
hi,
Demand reason for not giving the T.C from current college and as well NOC, then make ur suggestion before them and despite of that, if they do not give the T.C with valid reason then send them a legal notice with the help of legal person and if they do not respond then you should file the contempt of court of s.c judgement on issuing the migration certificate, in district court, and you can also file writ in high court (quo warranto, mandamus).
Regards
Puneet Sharma (District & Session Court Delhi & Faridabad)
Advocate/Legal Consultant
Demand reason for not giving the T.C from current college and as well NOC, then make ur suggestion before them and despite of that, if they do not give the T.C with valid reason then send them a legal notice with the help of legal person and if they do not respond then you should file the contempt of court of s.c judgement on issuing the migration certificate, in district court, and you can also file writ in high court (quo warranto, mandamus).
Regards
Puneet Sharma (District & Session Court Delhi & Faridabad)
Advocate/Legal Consultant
Helpful?
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Adv. Puneet Sharma
Faridabad | 200+ Answers
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What happens if a lawyer doesn't give NOC?
The client may still hire a new attorney and request the transfer of their case file via the court if the previous lawyer refuses.
Can I change lawyers in the middle of a case?
Yes. If you lose confidence or faith in your lawyer, you can change your counsel. It is best to talk to your lawyer and let him know whats making you uncomfortable or unhappy.
How do I transfer a case from one advocate to another?
A sworn statement explaining the reasons for the transfer must be attached to the application. The court can also order the parties to come before it and explain why they are seeking the transfer.
Can a client change his advocate?
It is possible in India to replace an attorney who is representing a client without their consent. There are some procedures to follow in this case. According to protocol, you need the courts permission before changing an attorney.
The legal solution to this problem is filing a case in the civil court but should be used only as a last resort because of delays involved in the procedure. You may report the matter to the university to which the college is affiliated to get the migration certificate, I am sure they will listen, otherwise use the last resort and request for urgent orders.
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Dear Sir
I am sorry to hear about the situation. Transfer Certificates cannot be held legally by any school or college under the law. You must write to the college principal/dean asking for reasons for refusal to grant TC. If for any reason the principal does not reply to your letter you can issue legal notice through a lawyer to the school authorities. You can also proceed to high court and file writ against them. Kindly note when you send letter to the school, please send it through registered post or courier to create record for court purposes.
Regards
Farhat Warsi
Advocate
I am sorry to hear about the situation. Transfer Certificates cannot be held legally by any school or college under the law. You must write to the college principal/dean asking for reasons for refusal to grant TC. If for any reason the principal does not reply to your letter you can issue legal notice through a lawyer to the school authorities. You can also proceed to high court and file writ against them. Kindly note when you send letter to the school, please send it through registered post or courier to create record for court purposes.
Regards
Farhat Warsi
Advocate
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Adv. Farhat Warsi
Gurgaon | 25+ Answers
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You will have to approach the appropriate Court of Law to get the papers released at the earliest. universities do not like to lose students as the seat goes vacant and they lose money. Hence, they will find ways to delay the leaving of a student and keeping back the documents is the best way out for them. If the institute is a government owned or government aided then you may approach the High Court asking for issuance of a writ of mandamus or if it is a private institute then you may have to approach the Lower Court and file a civil suit.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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If your college is not providing you with a No Objection Certificate (NOC) or Transfer Certificate (TC), it can be a challenging situation. Here are steps to consider if you find yourself in this situation:
- Review College Policies: First, review your college's policies and rules regarding the issuance of TC or NOC. Check if there are any specific conditions or requirements for obtaining these certificates.
- Contact College Authorities: Initiate communication with the college authorities, such as the principal or administration office, and request the TC or NOC in writing. Clearly state the reasons for your request and inquire about any pending dues or obligations that might be causing the delay.
- Follow Formal Procedures: If the college is not responding to your requests, follow any formal procedures outlined in the college's policies for obtaining these certificates. This may involve submitting a formal application or following a specific process.
- Seek Legal Advice: If your efforts to obtain the TC or NOC are unsuccessful, consider seeking legal advice. Consult with a consumer rights lawyer or an education lawyer who specializes in such matters. They can guide you on the appropriate legal steps to take.
- Consumer Court: In some cases, filing a complaint with the consumer court may be necessary. If you believe that your rights as a student or consumer are being violated, the consumer court can intervene and help resolve the issue.
- Document Everything: Maintain a record of all communications with the college, including emails, letters, and receipts of any fees paid. These documents can be valuable if you need to prove your case in court.
- Alternative Options: Explore alternative options for continuing your education, such as applying to other colleges or universities. While pursuing your TC or NOC, it's essential to keep your educational goals on track.
- Mediation: In some cases, mediation or negotiation between you and the college authorities can lead to a resolution. A mediator may help facilitate discussions and find a mutually acceptable solution.
- Stay Informed: Stay informed about your rights and the relevant laws and regulations governing educational institutions in your area. This knowledge can empower you in dealing with such situations.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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