Education Over Litigation: Delhi High Court Mandates Issuance of Transfer Certificates Despite Parental Feuds

In a significant ruling aimed at protecting the academic career of a minor, the Delhi High Court has held that schools cannot withhold a student’s Transfer Certificate (TC) merely because of ongoing matrimonial or guardianship disputes between their parents. Justice Vikas Mahajan underscored that in legal conflicts between parents, the educational interest of the child remains the "paramount consideration."

The Conflict: A Child Caught in the Middle

The case concerned a minor student, Saisha Chhillar, who was admitted to Montfort School in New Delhi. Following the separation of her parents in April 2024, the mother moved to Gurugram and secured admission for the child at Gems International School .

Difficulties arose when Montfort School refused to issue the necessary Transfer Certificate, citing a request from the child's father to withhold the document due to the existence of pending litigation between him and the mother. Consequently, the child was forced to attend her new school on a provisional basis, creating uncertainty regarding her formal enrollment.

Legal Mandates vs. Parental Requests

During the proceedings, the court referenced Section 5(3) of the Right of Children to Free and Compulsory Education Act, 2009 . This provision mandates that the head of a school must immediately issue a transfer certificate when a child seeks admission elsewhere. Furthermore, the act explicitly warns that any delay in this process can subject school authorities to disciplinary action.

The court noted that while the father had initiated an application to block the TC to leverage his position in the ongoing family court battle, he conceded that no judicial order existed to support such a restrictive measure.

Key Observations

The judgment relied heavily on the precedent set in Sanavi Anand (Minor) & Ors. vs. Govt. of NCT of Delhi & Ors. , reinforcing the principle that children should not be penalized for the discord between their parents.

Highlighting the importance of this stance, the Court remarked:

• "Needless to say that in a matrimonial or guardianship dispute, it is the interest of the child which is of paramount consideration."
• "A perusal of the above quoted provision [Section 5(3) of the RTE Act, 2009] clearly shows that the same mandates that the school cannot deny the issuance of Transfer Certificate (TC) to the child who has sought admission in other school."
• "On account of the matrimonial dispute between the parents of the petitioners, the rights of the minor children should not be adversely affected."

The Court’s Verdict: A Clear Path Forward

Justice Vikas Mahajan disposed of the petition by directing Montfort School to issue the Transfer Certificate within one week of receiving the order.

This ruling provides much-needed clarity for school administrators who often find themselves trapped between conflicting parents. By asserting that internal domestic disputes cannot override statutory educational rights, the Court has ensured that children remain insulated from the legal battles of their guardians. For now, the path is clear for the child to finalize her enrollment, allowing her education to remain the priority, irrespective of the matrimonial fallout.