• School not issuing TC

Due to domestic violence and mental harassment, 
I filed a CSR in the womens police on May 3 2024.
 I left my husbands house with my 17 year old daughter to my mother's house in Bangalore.

In her best interest I admitted her for 12 th grade in CBSE school in Bangalore .

Now school in Pollachi is not issuing the T.C because father is opposing the issue and causing hindrance in my daughter's education.

The T.C is crucial for my daughter and very necessary for her CBSE 12 admission in the new school.

I have sent a complaint today to CBSE regional office ,Chennai, stating the same .and am waiting for their reply Pls suggest .what would be done because i have to submit it at the earliest of this month.
Asked 4 months ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

Complain to deputy director education of your state against school refusal to issue TC 

Ajay Sethi
Advocate, Mumbai
96563 Answers
7784 Consultations

As per the Right to Education Act, no child should discontinue education because of the delay in issuing a TC.

2) If the authorities of the school failed to issue the TC even after a month, the same should be brought to the notice of the deputy director of public instructions or the block education officer, and they should take action as per the classification control and appeal (CCA) rules,

3)  draw attention to provisions of section 5 of right to education act wherein Head teacher or teacher in charge is required to give immediate TC certificate . failure to give TC certificate invites disciplinary action against said head teacher

4)  you can also lodge complaint with state commission for protection of child rights

Ajay Sethi
Advocate, Mumbai
96563 Answers
7784 Consultations

Dear client,

Student have the right to move from one school to another under the Right To education(RTE) Act. In your case they are not issuing TC so u have alternative to continue your daughter education as per law, TC is not mandatory for taking admissions in school. Even you can give affidavit stating the same facts and you can submit the same to the college. you can send legal notice to the school and your husband, stating that withholding the T.C. is causing educational harm to your daughter and demanding its immediate release. you make a complaint to District Education officer stating the same. If you have provisional certificates or marks cards you get admission without TC.

Thank you 

Anik Miu
Advocate, Bangalore
10031 Answers
119 Consultations

You have to resort to legal action through a lawyer by issuing a legal notice to the school HM demanding the reason that why action should not be taken against her if she refuses to give TC as per request of the parent.

You may also contact the district education officer with a complaint against the school for their irresponsible and reluctant attitude towards the child's education which is paramount. 

Does the father of the child has a child custody or any restriction order from court against the school to not to issue TC?,. if not then the school has no authority to refuse. 

Under the RTE Act 2009, no school can refuse to provide TC to children falling under the category as laid down in the Act.

 Various court orders state that coercive action cannot be taken against students and they cannot be deprived of their constitutional right to education under any circumstances.

 

 



 

T Kalaiselvan
Advocate, Vellore
86760 Answers
2318 Consultations

You may give a written complaint to the respective block education officer if the school refuse to give TC.

You can enquire locally about the address of the Block education officer under whose control this school falls and approach them in person. 

 

T Kalaiselvan
Advocate, Vellore
86760 Answers
2318 Consultations

- 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(TC) 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, even there is matrimonial cases are going between parents. 

- 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, you can also lodge your complaint before the head office , CBSE ,Delhi.

Mohammed Shahzad
Advocate, Delhi
14316 Answers
219 Consultations

You have done the proper recourse you need to file RTI and seek reply in 24 hours stating matter with urgency 

Prashant Nayak
Advocate, Mumbai
32342 Answers
195 Consultations

you need to file a complaint before the educational department.

Neeraj T Narendran
Advocate, Ernakulam
15 Answers

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer