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Principle refusing to issue TC what legal action can we take


14-Dec-2023 (In Family Law)

I have been staying in Hyderabad city with inlaws & my 2 kids of age 8 & 9 were studying in a school there affiliated to CBSE Board. My husband is out of India. Due to some family dispute i had to come back to my native place Ahmedabad. I contacted the school principal of Hyderabad to issue me TC/ LC so that i can make them continue their schooling in Ahmd. The principal is reluctant to issue me the TC stating that they dont have to right to issue TC to a single parent and requires signature or consent of both the parents. Due to family conflict this is not possible. Please suggest me solution

Answers (3)

Answer #1
786 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.
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Advocate Vikas Nain

Adv. Vikas Nain

LawRato Delhi | 25+ Answers
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Answer #2
802 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
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Advocate Avdesh Chaudhary

Adv. Avdesh Chaudhary

LawRatoNoida | 25+ Answers
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Answer #3
997 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.
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Advocate Suman Thakur

Adv. Suman Thakur

LawRatoDelhi | 25+ Answers
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