The Madras High Court has ruled that schools cannot withhold transfer certificates (TCs) from students due to unpaid fees. The court stressed that a TC is a child's fundamental right, crucial for their educational progression, and must not be used as leverage by schools to collect pending fees.
The ruling was issued in response to a petition filed by a parent whose child's TC was withheld by the school over unpaid fees. The parent argued that withholding the TC was unjust and hindered the child's educational continuity. The court concurred, stating that educational institutions must prioritize students' educational rights over financial disputes.
The judgement emphasised that withholding a TC deprives the child of the opportunity to continue their education at another institution, directly violating their right to education. The court directed the school to issue the TC within two weeks, regardless of the outstanding fees.
This decision is significant as it reinforces the principle that the educational rights of children should not be compromised due to financial issues. The court acknowledged that schools can collect fees but must seek alternative legal avenues rather than impeding a child's educational journey.
The ruling sets a precedent that protects students' rights and ensures that financial disputes between parents and schools do not disrupt their education. It also reminds educational institutions of their primary responsibility to support and facilitate students' learning and development.
Parents and guardians can now be assured that fee-related issues will not unfairly obstruct their children's education, and schools are encouraged to find more appropriate means to resolve such disputes.
According to Hindustan Times reports, this judgement by the Madras High Court is a significant step in safeguarding students' rights and preventing schools from exploiting their authority over administrative documents like transfer certificates. It underscores the importance of prioritising children's educational needs above financial considerations, ensuring every child has uninterrupted access to education.
