The court established that a Transfer Certificate is not mandatory for school admission, and stigmatising remarks regarding fee payment violate children's rights under the RTE Act.

JUDGMENT :

(Judgement was delivered by S.M.Subramaniam J.)

Prayer :- Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order passed on 28.10.2021 in W.P.No.16581 of 2021.

State preferred the present intra court appeal challenging the writ order dated 28.10.2021.

2. The respondent instituted a writ proceedings to issue a Writ of Mandamus, directing the respondents to implement the mandatory requirement of obtaining Transfer Certificate by a student from the School where he studied, on getting admission to another School for any reason and to forbear the officials of the Education Department altering or modifying the data of private unaided institutions relates to the details of the student entered in EMIS Portal, without consent of the School Management.

3. The Writ Court adjudicated the issues and granted the relief in favour of the respondent. The Writ Court found that mere indication of the arrears of fees payable by the student, does not have any negative connotation/impact against the student/parents.

4. The State preferred the Appeal mainly on the ground that the findings of the Writ Court, in the impugned order, is running counter to the provisions of the Right of Children to Free and Compulsory Education Act, 2009, (herein after referred as RTE Act).

5. In context of the findings made by the Writ Court, the grounds raised by the State and the purpose and object of the RTE Act are necessarily to be considered. Incidentally, the validity of the rules and the matriculation code of the State are also to be looked into in the context of the provisions of the RTE Act.

Prelude:

6. The Transfer Certificate (hereinafter referred as 'TC') is issued to relieve a student from one school and allow him to get admission in another school. The schools insist on providing TC to give admission to students. It is difficult for any student to get an admission in the absence of a T.C. But the fundamental point is that the mandatory rule to provide a TC for gaining admission in a new school goes against the vires of the Right to Education Act. The RTE Act is a milestone in promotion of children’s right to education. The Act makes it a right of every child to get education. The Act makes it obligatory for the appropriate Governments to ensure that every child gets free elementary education. Section 15 of the Act prohibits denial of admission to a child. But this Court on many instances in the past have come across cases whereby children have been denied admission on varied grounds. And the Courts have always given precedence to the welfare and the education of the child over any other considerations.

7. When the object of a legislation itself is Right to free and compulsory education for children, all other arguments take a backseat. Right to Education for the Children is the core feature of the legislation. The right of the schools to get their pending arrear fees or the technicalities in the WMIS system is not the centre of attention for this Court. These are aspects which can be cured through minor modifications. The arrear of fees can be collected in a manner known to law from the parents and the delay in updating the WMIS system can be cured through technical alterations but the education of the child is and will always be the heart and soul of the legislation. The focal point for this Court is the welfare of the children.

8. The hub of the wheel is the children’s right to education around which all other considerations flow. This Court can never allow a child to be stigmatised on the ground of non-payment of fees. The tra