Right to Education: Telangana HC ends school practice of withholding TCs for fees

Hyderabad: Telangana High Court has ruled that schools cannot withhold Transfer Certificates (TCs) due to outstanding fees.

The decision reinforces the primacy of education and protects students from private school management hurdles during school transitions.

The petition was filed by parents whose children's TCs were withheld due to unpaid fees. In the order, Justice Surepalli Nanda emphasized that a child's right to education cannot be subject to the fulfillment of financial obligations.

The Court's judgment rested on several key principles:

Fundamental Right to Education:

The Court recognized education as an important duty of the state and a fundamental right guaranteed under Article 21A of the Indian Constitution. Denying a TC infringes upon this right.

Prescribed Channels for Fee Recovery:

Schools are prohibited from resorting to "coercive tactics" such as withholding TCs for fee collection. The Court directed schools to pursue legal avenues for recovering outstanding fees.

Transfer Certificates as Student Property:

The Court clarified that TCs belong to the student, and schools have no legal justification for withholding them.

State's Responsibility for Education:

Imparting education is the primary duty of the state. Therefore, the Transfer Certificates of children cannot be withheld by the school simply because fees are due. The right to education takes precedence over fee collection.

The Court mandated the school in question to issue the TCs within a two-week timeframe. This landmark judgment establishes a strong precedent, ensuring that a child's educational progress is not impeded by unpaid fees.

Implications for Parents:

Parents whose children's TCs are withheld due to unpaid fees can now cite this judgment to secure their release. Schools are legally obligated to release TCs irrespective of outstanding fee balances.

Implications for Schools:

Schools must adopt legal means, such as civil suits, to recover unpaid fees. Withholding TCs is no longer a permissible tactic.

The judgment underscores the importance of education as a fundamental right and the need for schools to uphold this principle.

Duty of the DEO:

The judgment also addressed the role of the District Education Officer (DEO) and his subordinates, i.e. government servants. The Court emphasized that the DEO cannot act unfairly by supporting the wrongful actions of private schools. In the case at hand, the DEO's support for the school's decision to withhold TCs was deemed inappropriate.

This judgment serves to safeguard the right to education and streamlines the transfer process for students seeking to change schools. It strikes a balance between ensuring financial accountability for schools and protecting the educational interests of students.

Telangana High Court's judgment is a welcome step towards ensuring equitable access to education. By prioritizing the fundamental right to education and prohibiting schools from withholding TCs for unpaid fees, the Court has upheld the best interests of the child. This judgment should serve as a reminder that education is not a privilege but a right, and all stakeholders in the education system must work together to ensure its smooth and accessible delivery.