CHENNAI: The Madras High Court has ordered the Tamil Nadu government to take appropriate action to ensure that schools in the state do not insist on submission of the transfer certificates (TC) of children while admitting them in schools and that no remark of fee dues is mentioned in the TCs.
“The appellants are directed to issue a circular or instructions or orders to all school administrations across the state to not insist upon the submission of a TC by the child at the time of admission,” a division bench of Justices S M Subramaniam and C Kumarappan ordered on Friday.
The bench also directed the state government to prohibit school managements from making “unnecessary entries” in the TC, including on non-payment or delayed payment of fees.
“In the event of violation, actions are to be initiated under Section 17 of the Right to Education (RTE) Act and under the relevant laws applicable for protection of children, including the Juvenile Justice (JJ) Act,” it ordered.
The court also directed the state government to “revisit” the Tamil Nadu Education Rules and the Code of Regulations for Matriculation Schools and bring necessary amendments to bring them “in consonance” with the provisions of the RTE Act within three months.
The orders were passed while allowing a writ appeal filed by the state government against an order of a single judge who ruled in favour of private school managements on making entries about fee arrears in the TC.
The court stated that the noble object of the RTE Act, aimed at achieving a Constitutional goal — of providing quality education to all — cannot be allowed to be diluted by offending the provisions of the very Act. It also slammed school managements which punish students by forcing them to stand outside classrooms if their parents could not pay the fees within the stipulated time.
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School managements cannot stigmatise the child, it said, adding that the court can never allow a child’s education to be jeopardised due to monetary reasons.
Pointing out that, for children, education is not only a means to prepare them to earn money in the future, the court noted they shall also be made aware of their rights and duties in society, and basic human values shall be inculcated.
Every section of society can be uplifted only through good quality education. Quality education should be made available to all, and that has always been the goal of our Constitution, the court added.
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