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S. M. SUBRAMANIAM, C. KUMARAPPAN
State of Tamil Nadu – Appellant
Versus
All India Private Schools Legal Protection Society – Respondent
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.
| TABLE OF CONTENTS |
| 1) PRELUDE |
| 2) REMARKS OF NON-PAYMENT OR DELAYED PAYMENT OF FEES IN THE TC CONSTITUTE MENTAL HARASSMENT |
| 3) TC IS NOT MANDATORY |
| 4) SOCIO AND PSYCHOLOGICAL IMPACTS |
| 5) RESPONSIBILITY OF SCHOOLS TOWARDS CHILDREN |
| 6) EDUCATION IS AN ASSET |
| 7) CONCLUSION |
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
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.
Schools cannot withhold transfer certificates for unpaid fees, as it infringes on the right to education guaranteed under the Constitution.
Point of law : If a student omits or fails to pay the fees and contributions due to a school together with the fine due thereon by the last working day of the month in which they are due, his name sh....
The Amendment Rules exempting private unaided schools from admitting 25% disadvantaged children based on proximity to government schools violate the RTE Act and Article 21-A, as they impose condition....
The Right of Children to Free and Compulsory Education Act mandates that private unaided schools comply with all provisions of the Act, including maintaining educational standards and ensuring opport....
(1) Director, Secondary Education has no authority to issue direction in respect of fee structure in respect of private unaided schools.(2) It is for school Management to reschedule payment of school....
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