• Transfer of RTE Admission and procedure to do same

Respected Madam/ Sir,


I am Sagar Mhaprolkar, I am SC (Scheduled Cast- Hindu Chambhar) that's why my son Vihaan Mhaprolkar got online RTE admission last year for Std 1st in RCT's PMM Rotary School, Ambernath, East.

 Application No-19TH004371. 

Now we are shifted to Betwade Goan, Manpada Diva Road, Dombivli East, I want to transfer his RTE admission to Dombivli's school in Std-2. I had already collected Leaving Certificate from RCT's PMM Rotary School and as per their information also contacted 4 RTE schools in Dombivli for RTE Transfer, but everyone is saying RTE seats for STD 2 is full & they only give RTE admission from Jr.Kg or 1st Std. I tried with Vidya Niketan School, Guardian School,New Sunrise English School & SMG Vidya Mandir. Finally I got info from SMG Vidymandir, that RTE Admission can be transferred by ZP(Zilha Parishad) Office, Thane.
I was stucked in Ambernath for last 3 .5 months due to Lockdown and shifted to Dombivli now that's why already got late in this RTE transfer procedure, kindly help me in this case and suggest me right way of transferring RTE Admission.

Thanking you,

Please reply...


Regards,
Sagar Mhaprolkar
Asked 4 years ago in Constitutional Law

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12 Answers

You need to apply to Zedpi for the same and after the said permission letter you can do the transfer to Dombivili

Prashant Nayak
Advocate, Mumbai
32359 Answers
199 Consultations

Where a child is required to move from one school to another, either within a State or outside, for any reason whatsoever, such child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education 

Ajay Sethi
Advocate, Mumbai
96707 Answers
7795 Consultations

- As per law, your child has his right to transfer to any other school under the circumstances as mentioned by you.

- Further , through its direction the government of India and Supreme Court has already extended the expiration/limitation period for the period of lockdown . 

- Hence, the act of refusal by the the said school is a violation of the direction . 

- You can approach the Block Education officer , Thane against this refusal. 

- As per the Karnataka High Court, it is only the exchange which would result in the children conveniently attending the respective schools. The state cannot reject their request on a mere technicality. Therefore, notwithstanding the bar imposed in respect of transfer of students in respect of schools covered under sub-clause (iv) of Clause (n) of Section 2, it would be possible for the respective schools to admit the respective children as proposed , and further the court ordered, while directing the officials to permit the mutual transfer of children before the academic year begins.

- Hence , if no response , then you should approach Court . 

Mohammed Shahzad
Advocate, Delhi
14401 Answers
221 Consultations

Section 9 assigns duties to the local authority to ensure that it provides free and compulsory elementary education to every child, in a neighbourhood school. It lays down the duties of the local authority to ensure inter alia that children belonging to weaker sections and disadvantaged groups are not discriminated against and prevented from pursuing and completing elementary education, maintain records of children residing within its jurisdiction, ensure and monitor admission, attendance and completion of elementary education by every child, including migrant children, ensure that school building, teaching staff and learning equipment and good quality elementary education conforming to norms and standards is provided, decide on the academic calendar.

 

 

 

2) approach Zilla parishad office in this regard with TC issued by school 

Ajay Sethi
Advocate, Mumbai
96707 Answers
7795 Consultations

Online on govt office will work or not in pandemic I can't say. You need to approach them through application by post then in person by you or your lawyer or representative

Prashant Nayak
Advocate, Mumbai
32359 Answers
199 Consultations

Please take NOC from earlier School and put request to New school with the formal application before competent authorities ZP office of Thane .

After grant of permission from ZP Thane ,New School would admit your son under SC quota.

Due to COVID-19 pandemic situations Worldwide, not fixed but online process is on .

You may try online. 

The Documents are 

Mark sheet

LC/ TC of earlier School 

NOC of earlier School 

Caste certificate. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

ZP Thane is headed by CEO and office superintendent is in charge of administrative work of the ZP Thane.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Section 5. Right of transfer to other school

(1) Where in a school, there is no provision for completion of elementary education, a child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education.

(2) Where a child is required to move from one school to another, either within a State or outside, for any reason whatsoever, such child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education.

(3) For seeking admission in such other school, the Head-teacher or in-charge of the school where such child was last admitted, shall immediately issue the transfer certificate:

PROVIDED that delay in producing transfer certificate shall not be a ground for either delaying or denying admission in such other school:

PROVIDED FURTHER that the Head-teacher or in-charge of the school delaying issuance of transfer certificate shall be liable for disciplinary action under the service rules applicable to him or her.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

you can take transfer certificate from old school and get admission to new school. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. You need to make application in Department of education in zila parishad for transfer of RTE admission to new school.

2. When you visit zila parishad they will tell you detailed procedure of transfer of school. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Since your delay in approaching the authorities concerned in this regard is not intentional and also most of the people are sufferers like you, you can make a representation in wiring to the AUTHORITIES CONCERNED.

IF IT FAILS TO  EVOKE ANY RESPONSE, YOU MAY APPROACH HIGH COURT WITH A WRIT PETITION SEEKING RELIEF AND REMEDY.

T Kalaiselvan
Advocate, Vellore
86908 Answers
2330 Consultations

You first approach the concerned ZP office and submit the application as suggested, you will be informed about the rest of the formalities.

T Kalaiselvan
Advocate, Vellore
86908 Answers
2330 Consultations

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