Bengaluru: Karnataka high court observed that the elementary school children cannot be issued transfer certificate (TC) for short payment of fees or misbehaviour by parents unless the guardians make a request. 

The court quashed the TCs issued by a CBSE school in north Bengaluru to its six students for short payment of fees and parents’ misbehaviour. The court said that the school’s action goes against the circular issued by the state government on May 25, 2019.

Justice S sujatha, while allowing petitions filed by the affected students and parents, observed that Section 16 of Right to Education (RTE) Act prohibits schools from expelling children till the completion of elementary education.

According to the judge, private schools engaged in a public function like imparting education will come under the jurisdiction of the courts. She was quoting judgments of Supreme Court and high courts.

She reportedly said that the argument that RTE Act is applicable only to admissions under Section 12(1) (C) of the Act would defeat the objective of the constitutional right guaranteed under Article 21-A.

The judge said that the autonomy in admission enjoyed by schools is subject to RTE Act. The same does not allow them to issue transfer certificates to the students without requests from parents, reports said.

The judge did not appreciate the behaviour of some parents in the controversy. The court has also cautioned petitioner-parents against any act that could bring down the morale of the staff or disturb the school atmosphere. 

The court has also directed the school to re-admit the six students it had expelled on April 7, 2019, provided they pay 75% of the fees for 2018-19 and 75% of the first installment of the fees for the present academic year within seven days.