what to do if school is not giving tc in India?

111 votes

Schools are not allowed to charge for issuing a Transfer Certificate (TC) or withhold it due to unpaid fees. According to the Right to Education (RTE) Act and multiple court judgments, every student has the right to receive a TC, regardless of any pending dues.

Steps to Take if a School Refuses to Issue a TC:

1. Approach School Authorities: Try to resolve the issue directly with the school.

2. Contact District Education Authorities: If the school still refuses, approach the District Director of Education (DDE) for intervention and to ensure the TC is issued.

3. Seek Legal Recourse: If all efforts fail, parents can file a writ petition in the High Court to uphold the child's right to education and secure the TC.

LawRato LawRato

905 votes

The school is acting illegally, for this matter you can chose either one of the following remedy 1. Meet the Principal of the school on person and request the TC to be given, ask the school to give in writing why they are not giving TC certificate . Draw attention to provisions of section 5 of right to education act wherein Head teacher or teacher in charge is required to give immediate TC certificate. Failure to give TC certificate invites disciplinary action against said head teacher There after also they are rejecting to issue Tc , Issue a legal notice to the School authorities asking them to issue the School Leaving Certificate. No School can bound the student by a bond or ask them to pay money if they want the child to study in a different school. As per the Right to Education Act, no child should discontinue education because of the delay in issuing a TC. If the authorities of the school failed to issue the TC even after a month, the same should be brought to the notice of the deputy director of public instructions or the block education officer, and they should take action as per the classification control and appeal (CCA) rules, The state department of public instructions Bangalore has issued an order stating that schools should not delay the TC-issuing process. Even if the student requests for a TC in the middle of the academic year, the school should consider it as an emergency and issue the TC immediately. “If we find any negligence in issuing the TC, the headmasters of both schools, that is from where the TC is needed and the school that the child wants to join will be held responsible,” said an official from the department. 2. Otherwise you can pay the said amount and take the T.C to get your child admitted in to a new school .After that file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the said amount with interest, damage and cost.

Advocate Edward D'souza LawRato

727 votes

Is there any case is pending before any court between the parents. If no then how u can prove that there is dispute if at all it there then why ur husband not ready to sign. If that is the case then get order from court regarding custody of children otherwise on paper there is no dispute between u or get noc from ur husband

Advocate Avdesh Chaudhary LawRato

808 votes

As per Section 5 (3) of RTE, TC is to be issued by Head-teacher immediately. The head-teacher will be liable for disciplinary action if TC is not issued. Please quote this section and take a copy of the RTE Act with you to the Principal.

Advocate Vikas Nain LawRato

851 votes

Mam since CBSE is a government body...we can file a writ of mandmus in respective High court and can seek direction for the issuance TC as interim relief and in main relief u can seek formulation of fresh policy with regard to the issuance of TC in cases where both the parents are not residing together.. Or u can write a letter to education Department,CBSC and ministry of human resource and state education Department citing the urgency of the problem...as right to education is a fundmantel right now and hence denial of issuance of TC amounts to denial of education.

Advocate Suman Thakur LawRato