Principal Can Face Disciplinary Action for Delay, Says Court
In a significant ruling aimed at protecting the welfare of children amid parental disputes, the Delhi High Court has held that schools cannot withhold a student’s Transfer Certificate (TC) merely because of an ongoing matrimonial or guardianship dispute between the parents.
Justice Vikas Mahajan, presiding over the case, made it clear that the law mandates the issuance of a TC when a child seeks admission in another school. “A perusal of the above quoted provision clearly shows that the same mandates that the school cannot deny the issuance of Transfer Certificate (TC) to the child who has sought admission in other school. In the event of delay in issuance of Transfer Certificate, even a disciplinary action can be taken against the Head-Master or In-Charge of the school,” the Court stated.
The case involved a minor girl who had been studying at Montfort School in Delhi before her parents separated. After the separation, she moved to Gurugram with her mother and secured admission in a school there. Despite being provisionally promoted to the next grade, the new school required a TC from Montfort School — which was denied.
Montfort School’s refusal was reportedly based on a letter from the girl’s father, objecting to the issuance of the certificate. The mother argued that although a guardianship case was pending in family court, there was no court order restraining the issuance of the TC.
The Delhi High Court emphasized that in custody or matrimonial disputes, the child’s welfare must remain paramount. Accordingly, it ordered Montfort School to issue the TC within one week. The Court also clarified that if the school disagreed with the order, it was free to apply for a revival of the case.
