The Delhi High Court recently held that schools cannot withhold a student's Transfer Certificate (TC) merely because of an ongoing matrimonial dispute between the parents of the concerned student..A Bench of Justice Vikas Mahajan said that if the issuance of a TC is delayed, the school principal can even face disciplinary action."A perusal of the above quoted provision clearly shows that the same mandates that the school cannot deny the issuance of Transfer Certificate (TC) to the child who has sought admission in other school. In the event of delay in issuance of Transfer Certificate, even a disciplinary action can be taken against the Head-Master or In-Charge of the school," the Court said.The Court emphasised that in custody or matrimonial disputes, the child’s welfare is the top priority.Therefore, the Bench ordered Delhi’s Montfort school to issue a TC to the student in a week. .The Court was hearing a plea filed by a minor girl challenging the school’s decision to deny her the TC. It was stated that she was living and studying in Delhi at Montfort school before her parents split. After the separation, the child moved to Gurugram with her mother and got admission to a school there. She attended classes there and was provisionally promoted to the next grade but the school insisted on a TC. However, Montfort school refused to give her a TC.The Court was told the reason Montfort School has refused to issue the certificate was because the girl’s father wrote a letter to the school against it. The child’s mother argued that the guardianship dispute is pending before the family court but no direction had been passed directing the non-issuance of TC. .After considering the case, the Court directed Montfort School to issue the TC. It added that if the school is unhappy with this decision, it can apply to revive the case. .Advocates Puneet Singh Bindra, Vivek Kadyan, Nitin Saroha, Charu Modi, Sukriti Seth, Rishabh Gupta, Kriti Dang and Shanya Shukla appeared for the petitioner.Advocates Dhruv Rohatgi, Chandrika Sachdev and Dhruv Kumar, RD Singh and Prateek Jindal appeared for the respondent..[Read Order]
The Delhi High Court recently held that schools cannot withhold a student's Transfer Certificate (TC) merely because of an ongoing matrimonial dispute between the parents of the concerned student..A Bench of Justice Vikas Mahajan said that if the issuance of a TC is delayed, the school principal can even face disciplinary action."A perusal of the above quoted provision clearly shows that the same mandates that the school cannot deny the issuance of Transfer Certificate (TC) to the child who has sought admission in other school. In the event of delay in issuance of Transfer Certificate, even a disciplinary action can be taken against the Head-Master or In-Charge of the school," the Court said.The Court emphasised that in custody or matrimonial disputes, the child’s welfare is the top priority.Therefore, the Bench ordered Delhi’s Montfort school to issue a TC to the student in a week. .The Court was hearing a plea filed by a minor girl challenging the school’s decision to deny her the TC. It was stated that she was living and studying in Delhi at Montfort school before her parents split. After the separation, the child moved to Gurugram with her mother and got admission to a school there. She attended classes there and was provisionally promoted to the next grade but the school insisted on a TC. However, Montfort school refused to give her a TC.The Court was told the reason Montfort School has refused to issue the certificate was because the girl’s father wrote a letter to the school against it. The child’s mother argued that the guardianship dispute is pending before the family court but no direction had been passed directing the non-issuance of TC. .After considering the case, the Court directed Montfort School to issue the TC. It added that if the school is unhappy with this decision, it can apply to revive the case. .Advocates Puneet Singh Bindra, Vivek Kadyan, Nitin Saroha, Charu Modi, Sukriti Seth, Rishabh Gupta, Kriti Dang and Shanya Shukla appeared for the petitioner.Advocates Dhruv Rohatgi, Chandrika Sachdev and Dhruv Kumar, RD Singh and Prateek Jindal appeared for the respondent..[Read Order]
