On Monday, the High Court of Delhi issued notices to a private school and Delhi Govt on a plea filed by the father of 2 students after their school allegedly refused to issue transfer certificates & mark sheets due to outstanding fees.

A single-Judge bench of Justice Jayant Nath sought the response of Ramjas School (Anand Pravat branch) & the Delhi Govt on the petition, which said that the petitioner has suffered business losses & has no money to pay the fees, & slated the matter for further hearing on Sept 30.

Lawyer Ashok Aggarwal, appearing for the petitioner, said that a division bench judgment of the High Court of Delhi has ruled that no school can withhold transfer certificate for nonpayment of outstanding school fees.

Aggarwal said that "Transfer certificate & marksheets are required for admission of the siblings in a Delhi government school".

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 & 21 of the Constitution of India, & contrary to the law laid down by a division bench of the HC.

It submitted that his two wards, one of whom passed class 10 & another passed V last academic year, have been studying in the same school from nursery class.

The appealsaid that he could not pay the full fees of his wards during the academic year 2019-20 due to loss of business & added that he was facing several hardships & was therefore not in a position to pay the school fees.

The plea said that "Unable to afford school fees so he decided to withdraw his wards & to get them admitted to a government school for further education. He accordingly requested the school to issue transfer certificates & marksheets in regard to both of his wards".

However, the petition said that the school sent him a letter dated Sept 2, demanding payment of the outstanding amount of Rs 76,300 & Rs 1,01,300, for the two students.

The plea said that "Petitioner submits that he is unable to meet the demand of school for payment of outstanding fees & again requested the school to issue transfer certificates & 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 & marksheet".

The petitioner also submitted that he has made a representation dated Sept 14, 2020, to the Director of Education to take action against the school.

Source Link

Picture Source :