Delhi High Court: In a petition filed to direct Respondents 1 and 2 to issue Transfer Certificate (‘TC’) of the petitioner in Respondent 4’s favour, Vikas Mahajan, J.*, disposed of the present petition directing the previous school to issue the TC to the petitioner within a period of one week from the date of receipt of copy of this order. However, in case the previous school feels aggrieved with the present order, it should be at liberty to file an application to seek revival of the present petition.
Background
In the present case, the petitioner was a minor child residing with her mother. The mother of the child got separated from her husband i.e. petitioner’s father on 10-4-2024 when the child was studying in 2nd class. After separation, petitioner’s mother shifted to Gurugram where her parents were stated to be residing. Thereafter, the child was admitted to a school in Gurugram.
The petitioner’s counsel submitted that the minor child had now completed one year of her studies in the school at Gurugram but since the earlier school had declined the issuance of TC to the petitioner for the reason that the petitioner’s father has written to the school for non-issuance of such TC, hence, the same was not being issued.
It was submitted that in the absence of TC from previous school, the petitioner was promoted provisionally but the new school was insisting on the TC.
Analysis, Law, and Decision
The Court stated that a perusal of Section 5(3) of the Right of Children Free and Compulsory Education Act, 2009, clearly showed that the same mandated that the school could not deny the issuance of TC to the child, who had sought admission in other school. In the event of delay in issuance of TC, even a disciplinary action could be taken against the Headmaster or In-Charge of the school. The Court stated that it was needless to say that in a matrimonial or guardianship dispute, it was the interest of the child which was of paramount consideration.
The Court disposed of the present petition directing the previous school to issue the TC to the petitioner within a period of one week from the date of receipt of copy of this order. However, in case the previous school feels aggrieved with the present order, it should be at liberty to file an application to seek revival of the present petition.
[Saisha Chillar v. Directorate of Education, 2025 SCC OnLine Del 2917, decided on 30-4-2025]
*Judgment by Justice Vikas Mahajan
Advocates who appeared in this case:
For the Petitioner: Puneet Singh Bindra, Vivek Kadyan, Nitin Saroha, Charu Modi, Sukriti Seth, Rishabh Gupta, Kriti Dang and Shanya Shukla, Advocates
For the Respondent: Dhruv Rohatgi, Chandrika Sachdev and Dhruv Kumar, Advocates; R.D. Singh and Prateek Jindal, Advocates
