KOCHI: The Kerala High Court has held that a school cannot withhold the transfer certificate (TC) of a student citing non-payment of fees.
“Every child has a fundamental right to education. The right of a child to get a transfer certificate from a school to join another one, for whatever reason, cannot be denied by school authorities merely because the fee is due from the student. If any amount is due towards fees, the proper course open to the school is to file appropriate proceedings against the petitioner for recovery,” the court stated.
Justice Basant Balaji issued the order while disposing of a petition filed by Fathima Zahara of Kanhangad, seeking a directive to the principal of Sadguru Public School, Peroor, Kanhangad, to issue the transfer certificate.
School told to issue transfer certificate within 7 days
Advocate Navaneeth N Nath, counsel for the petitioner, submitted that when the parent applied for TC, the school informed her that there were fee arrears to the tune of `39,055, and unless the amount is paid, the TC cannot be issued. The principal informed the court that being a self-financing institution, the school is solely dependent on the fees collected from students for payment of salaries to teachers and for the expenditure incurred for running the school.
The court said the school, being an unaided institution, also has a right to get the fees that are legally due for its sustenance. However, a school cannot deny TC to a child to shift to another school of their choice, it said. The court directed the school to issue the TC within seven days.