By Astha Bhumish Shah 

The Madras High Court has directed the State Government to issue circulars/instructions/orders to all the school administrations across the State, asking them not to insist on the production of a Transfer Certificate by a child seeking admission. It also asked schools to refrain from making unnecessary entries in the TC regarding non-payment or delayed payment of the school fee. It further added that in case of any violation, appropriate action should be initiated under the Right to Education Act and other relevant laws. The Court held that harassing children over non-payment or delayed payment of fees amounts to cruelty under Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015 and is a form of mental harassment under Section 17 of the RTE Act. While it acknowledged that schools could initiate action under the law for recovery of fees, it stressed that in the process, a child should not be punished or harassed over the default of payment of the fee. 

These observations were made during an appeal by the State against the order of the Single Judge wherein it was observed that mere indication of arrears of fee payable by the students did not have any negative connotation or impact against the students or their parents. It was alleged by the State that the Single Judge’s observations were against the provisions of the RTE Act. The Court agreed with the State and observed that the Right to Education for children was the core of the legislature and all other arguments would take a back seat. It added that a transfer certificate was only a tool to ensure that a child was studying in one particular school at a time and should not be used by the schools to weigh the financial capacity of the parents. The Court observed that the Tamil Nadu Rules requiring a Transfer Certificate for school admission conflicted with the RTE Act. It recommended amending the TN Education Rules and the Code of Regulation for Matriculation Schools to align with the RTE Act. The Court said that any state rule conflicting with the RTE Act would be null and void. It noted that the RTE Act prioritizes children’s education and states that delays in obtaining a TC should not prevent school admission, thus nullifying the mandatory TC requirement by the state. 

The Court emphasised that schools should not involve children in the process of fee collections as it would cause them stress and low-self-esteem. Financial strains of the family often affect children, and it is the duty of the schools to understand the emotional challenges faces by the child during such time instead of burdening them. (State of Tamil Nadu and Others v All India Private Schools Legal Protection Society – W.A.No.3075 of 2021) 

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