My son studied 2nd grade in a local school and I wanted to shift him to an International school for his 3rd grade. When I requested for T.C. from first school they are asking to pay first term fee as academic started in March and we are asking for T.C. in June month. But my son didn't attend a single class of 3rd grade in that school as he is in our nativa due to personal reasons. is it lawful that school management to ask to pay term fees without giving any class or material to my son? can they deny providing T.C. with this reason?
School is correct in its approach
term started in march and you are asking for TC in June pay the first term fees and take TC
it is immaterial whether your son attended school or not .you did not inform school in advance before term started that you wanted to transfer your son from the school
if your request for TC in writing to the school authorities did not fetch the desired result, you can resort to legal action by first sending a legal notice to the correspondent of the school or the headmaster demanding the same and refusing to pay the demanded fees stating the facts taht the child did not even enter into the school this academic year.
If they are still adamant and not abiding by the demands made, you may make a complaint with the DEO about this and then approach court of law for direction to the school authorities to furnish the TC as requested.
school was open for all students and classes were going on but your child had not attended classes so it is fault of you and school. So it is incorrect on your part to say that school was not giving classes. so school is correct and it is also lawful on part if school to ask for payment of term fee and also clearance of other dues if any. you are bound to pay fee.
Non attendance in school is no ground to avoid paying school fees.
In other words the school is right to demand clearance of school fees for first term.
The fees added in total amount on account of study material may however be deducted.
- Under Section 5 (3) of the Right to Education Act, the transfer certificate is to be issued by head teacher immediately, and the head teacher will be liable for disciplinary action if the transfer certificate is not issued.
- Further, the Education Department has directed all schools not to stick to the condition of getting the school leaving certificates from students before giving admission to them.
- Hence the school is bond to issue transfer certificate to your son legally.
- You can give a written application before that school for getting transfer certificate , and if refused then lodge your complaint before the Education department.
- Further, it is well settled law that any service provider like the training institutes, educational institutes/schools or College /university cannot be allowed to ask tuition fees in case the student has not availed the services.
Dear Client,
Generally, every school has its own rules and norms on fee charges and T.C. issues. However, here are some points to consider:
School Policy: Check the policy of the school or read the agreement signed when enrolling the child. Depending on the terms and conditions of the agreement, it may have clauses related to the fee payment and other terms on which T. C. will be issued.
Negotiation: However, there are situations when the policy may be vague or something you consider unfair might be stated in it. There is usually an option to discuss the policy with the management of the school, stating your position and that your son did not attend any classes.
Legal Rights: Indian law is quite fair to those who seek education; it requires that educational institutions be reasonable. If you think that the school is violating the law, you might consult an advocate or go to the office of education in your area for assistance.
Documentation: Ensure that you maintain any correspondence with the school and/or any other supporting documentation for your request or claim (example: absence of your son during the term).
You need file a complaint before the educational department.
No it’s illegal you can approach the education dept against school
