The Delhi High Court (Chief Justice Bench) took a landmark judgment today that can be a cause relief for many parents of school kids. The Court ruled that private schools cannot withhold issuance of Transfer Certificate (TC) for non-payment of outstanding school fees. The court directed Kulachi Hansraj Model School, Ashok Vihar to issue Transfer Certificate to the parents of 9-year-old Kartik (Class III) and 5-year-old Priyansh (Pre-primary) within a week.
These orders came on a letter dated 30 April 2019 received by the High Court that was converted as a PIL at its own motion, which narrated the plight of Kartik and Priyansh. The two students were unable to take admission in other schools because Kulachi Hansraj Model School refused to issue Transfer Certificate because of the Non Payment of Outstanding Fees of Rs. 1,00,331.
Advocate Ashok Agarwal who was appointed as Amicus Curie to assist the court argued that under Rule 167 of Delhi School Education Rules,1973, a school can strike off the name of a student from the rolls of the school for non-payment of fees but a school cannot refuse Transfer Certificate for non-payment of outstanding school fees. Accepting the arguments of Mr. Agarwal, the court held that under Delhi School Education Act and Rules, a Private school has no authority to withhold issuance of Transfer Certificate to the students for non-payment of outstanding fees.