Schools must not misuse a student's Transfer Certificate (TC) as a tool to collect unpaid fees, the Madras High Court stated on Friday. The court directed the Tamil Nadu government to issue a circular instructing schools not to require TCs from previous institutions for admitting new students.
Justices SM Subramaniam and C Kumarappan also ruled that schools must not include unnecessary entries related to unpaid or delayed school fees in TCs. They urged the TN government to amend the Tamil Nadu Education Rules and the Code of Regulation for Matriculation Schools to align with the Right to Education (RTE) Act.
The bench declared that withholding a student's TC until fee arrears are cleared or marking unpaid fees on the TC violates the RTE Act and constitutes mental harassment under Section 17 of the Act. They emphasized that a TC should not be used to assess a parent's financial status or to collect fees. It is a personal document for the child, and any fee defaults should be addressed directly with the parents through legal means. Penalizing the child for unpaid fees by marking it on the TC is humiliating and a form of mental harassment.
The court was hearing an appeal by the TN government against a single-judge order that had stated noting fee arrears on the TC did not negatively impact the student or parents. Special Government Pleader (Education) UM Ravi Chandran represented the TN government, while Senior Counsel G Sankaran and advocate S Nedunchezhiyan represented the respondent, All India Private Schools Legal Protection Society.
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