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What to do if college is not giving noc & Transfer certificate ?


04-Jul-2024 (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. what are the rules for issuing transfer certificate in college ? I have completed all the fo
Answers (5)

Answer #1
344 votes

Under Indian law, schools and colleges cannot legally withhold a Transfer Certificate (TC), even if there are pending dues. If you're trying to get your TC after the first year, you should:

  1. Submit a formal written application to the principal or dean, clearly requesting the TC.

  2. Clear any outstanding formalities, like returning library books or paying minor administrative fees (but they can't make TC conditional on full fee payment for future semesters).

  3. If the college refuses or delays the TC without a valid reason, you can send a legal notice through a lawyer.

  4. You can also file a complaint with the University Grants Commission (UGC) or the relevant education authority.

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Answer #2
998 votes

Hi, demand the reason from your current college for not providing the Transfer Certificate (T.C.) as well as the No Objection Certificate (NOC). Then, make your request formally before them. If they still do not provide the T.C. with a valid reason, send them a legal notice through a legal professional. If they fail to respond, you may file a contempt of court petition based on the Supreme Court judgment regarding the issuance of migration certificates in the district court. Additionally, you can file a writ petition (such as quo warranto or mandamus) in the High Court.

Regards,
Puneet Sharma
(District & Sessions Court Delhi & Faridabad)
Advocate / Legal Consultant

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Answer #3
902 votes
You will have to approach the appropriate Court of Law to get your documents released at the earliest. Universities generally do not like to lose students as vacant seats result in financial loss, so they often find ways to delay a student’s departure, and withholding documents is a common method. If the institute is government-owned or government-aided, you may approach the High Court seeking a writ of mandamus for the release of your documents. If it is a private institute, you may need to approach the lower court and file a civil suit.
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Answer #4
936 votes
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 urgent orders.
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Answer #5
808 votes

Dear Sir, I am sorry to hear about your situation. Under the law, schools or colleges cannot legally withhold Transfer Certificates (TC). You should write to the college principal or dean requesting the reasons for refusal to grant the TC. If the principal fails to respond, you may issue a legal notice through a lawyer to the school authorities. You can also approach the High Court and file a writ petition against them. Please ensure that when you send the letter to the school, you do so via registered post or courier to maintain a record for court purposes.

Regards,
Farhat Warsi
Advocate

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