The Madras High Court Bench here has ruled that educational institutions have no right to withhold crucial documents such as Transfer Certificate (T.C.) and Conduct Certificate of students in an attempt to collect fee dues. It also observed that any claim relating to fee dues could be resolved only before civil courts.
Justice N. Seshasayee passed the order while disposing of two writ petitions filed by K. Nimmathi of Thanjavur district seeking a direction to Ponnaiyah Ramajayam Public School in Kumbakonam to issue the T.C. and other certificates of his two children besides refunding a deposit of ₹25,000 supposedly made at the time of their admission in 2015-16.
“No school has any authority to deny the issuance of the transfer certificates and other documents when the children opt to move to other schools... If at all there exists any legitimate claims against the parents, the school has to move the civil court for realising the same but the future of the children should not be held to ransom on this score,” he held.
Pointing out that he initially made an attempt to solve the dispute between the writ petitioner and the school management through the intervention of the head of the of the Regional Office of Central Board of Secondary Education (CBSE) in Chennai, the judge came down heavily on the official concerned for turning a blind eye to such issues.
ASG’s Submission
After recording the submission of Assistant Solicitor General G.R. Swaminathan that he could not obtain instructions from the officials concerned despite sending an e-mail and making several phone calls, Justice Seshasayee said: “The conduct of the second respondent (Regional Officer of the CBSE) is highly reprehensible and could not be appreciated.
“In circumstances such as this, the authorities like the second respondent should pay their attention to regulate the way in which educational institutions under their control are run. The irresponsibility of such authorities ultimately leaves its unfortunate imprints on the future of the innocent children and this court cannot close its eyes to it.”
Raps school chairman
He also rapped the chairman of the private school for displaying “arrogance” by reportedly describing all lawyers as “criminals” just because the petitioner had chosen to issue a legal notice to the school management through his advocate seeking return of the children’s T.C. and other documents.
“It is very unfortunate for someone who runs educational institutions with an avowed object of imparting knowledge and discipline to children to lose his balance and make such uncalled for statements,” the judge observed and directed the management to issue the T.C. and all other documents to the petitioner’s children.
“In case of any failure to obey this order by the fourth respondent (the school represented by its correspondent) resulting in delay and consequent inability of the petitioner to secure admission for his children in other schools, the children would continue their education in the next academic year in the same school without payment of any fees,” he ordered.
