Published: 21st September 2020
Delhi HC issues notice to private school for refusing to issue TC, marksheets due to outstanding fees
The plea said that the impugned action of the school is arbitrary, discriminatory, violative of the fundamental right of these students as guaranteed to them under Articles 14 and 21
The Delhi High Court on Monday issued notices to a private school and Delhi government on a petition filed by the father of two students after their school allegedly refused to issue transfer certificates and marksheets due to outstanding fees.
A single-judge bench of Justice Jayant Nath sought the response of Ramjas School (Anand Pravat branch) and the Delhi government on the plea, which said that the petitioner has suffered business losses and has no money to pay the fees, and slated the matter for further hearing on September 30. Advocate Ashok Aggarwal, appearing for the petitioner, said that a division bench judgment of the Delhi High Court has ruled that no school can withhold transfer certificate for nonpayment of outstanding school fees. "Transfer certificate and marksheets are required for admission of the siblings in a Delhi government school," Aggarwal said.
The plea said that the impugned action of the school is arbitrary, discriminatory, violative of the fundamental right of these students as guaranteed to them under Articles 14 and 21 of the Constitution of India, and contrary to the law laid down by a division bench of the High Court. It submitted that his two wards, one of whom passed class 10 and another passed V last academic year, have been studying in the same school from nursery class.
The plea said that he could not pay the full fees of his wards during the academic year 2019-20 due to loss of business and added that he was facing several hardships and was therefore not in a position to pay the school fees. "Unable to afford school fees so he decided to withdraw his wards and to get them admitted to a government school for further education. He accordingly requested the school to issue transfer certificates and marksheets in regard to both of his wards," the plea said. However, the plea said that the school sent him a letter dated September 2, demanding payment of the outstanding amount of Rs 76,300 and Rs 1,01,300, for the two students.
"Petitioner submits that he is unable to meet the demand of school for payment of outstanding fees and again requested the school to issue transfer certificates and marksheets. It is submitted that thereafter the petitioner has personally approached the respondent school but the school again declined to issue the same saying that without payment of outstanding fees, the school will not issue transfer certificate and marksheet," the plea said. The petitioner also submitted that he has made a representation dated September 14, 2020, to the Director of Education to take action against the school.