Madras HC directs private schools to issue transfer certificates without demanding due fees
The state government submitted that due to the pandemic situation, it wanted to ensure that children are not stopping their education midway for want of transfer certificates while shifting schools
CHENNAI: The Madras High Court has directed the management of private schools to issue transfer certificates (TCs) to students seeking them, within a week of receiving the applications, without insisting on payment of fees that are due.
The issue pertains to the United District Self Financing Schools Association of over 250 schools moving a plea seeking to restrain the educational authorities from permitting schools admitting students in any class without applying or getting TCs from the schools where they previously studied.
The state government submitted that due to the prevailing pandemic situation, it wanted to ensure that children are not stopping their education midway for want of transfer certificates while shifting schools.
Justice Anand Venkatesh in his order said, "It is true that the transfer of a student is governed by regulations. However, when an extraordinary situation arises, some leverage has to be given to the state government to manage the affairs and take policy decisions in the overall interest of the students."
The court cannot poke its nose into every decision taken by the government and such interference will become counterproductive and will prevent the government from freely executing its decisions, it added.
The judge in his orders also said, "Any student or parent who wants to continue the education in a different school should submit an application in that regard to the concerned transferor school. Immediately after the application is submitted by the student or the parent, the transferor school shall issue the transfer certificate within a period of one week from the date of receipt of the application."
The judge said if any school refused to issue TCs, a complaint can be made to the Chief Educational Officer (CEO) concerned and immediate action shall be taken by him for violation of this order.
The court also directed the Commissioner of School Education to issue a circular to all the schools within two weeks.