Stigmatizing school children for non-payment of fees cannot be allowed, says Madras HC; restrains managements from insisting on TC

CHENNAI: The Madras High Court on Friday said that transfer Certificate which was earlier essential for students to get admission into new schools is not mandatory in Tamil Nadu. The court further directed that schools should not stress on the necessary of a TC if a child wants to shift from one school to another and a circular in this regard should be sent to all schools by the School Education department.

"We can never allow a child to be stigmatized on the ground of non-payment of school fees", the Madras High Court said on Friday, and asked the State to issue circulars to all school managements in Tamil Nadu directing to not insist on transfer certificates (TC) for admissions, or add unnecessary entries in the TC over non-payment of fees.

A division bench of Justice SM Subramaniam and Justice C Kumarappan wrote in their order that payment of tuition fees was the duty of parents, and if they defaulted, "the amount should be recovered from them in a manner known to law, instead of making entries about the non-payment of fees on the child's TC, which is a s sheer humiliation for the child."

The HC bench authored the judgment while hearing an appeal moved by the state school education department seeking to set aside an order secured by the All India Private Schools Legal Protection Society, mandating the TC as a compulsory document for admissions, in the event of the student wanting to shift schools.

The judges while setting aside the order secured by the private schools society wrote: "The very prayer sought for by the private schools' society in the writ petition is running counter to the provisions of the Right to Education (RTE) Act. The RTE Act is a milestone in the promotion of children’s right to education. Once an entry as to the fees due is made in the TC by a school, the child’s entry into another school becomes a question mark, the fees arrears are recorded in a TC, and it becomes a stigma for the child."

It further stated that the TC was not a tool for schools to collect fee arrears from parents and that the managements have no right to stigmatize the children by making unnecessary entries in the TC, which strikes at the core of the RTE Act.

The bench also wondered what the child would do if the parents failed to pay the school fees

"It is not their fault and to stigmatize and harass the child is a form of mental harassment," the bench emphasised.

The judges then directed the state school education department to revisit the Tamil Nadu Educational Rules for matriculation schools and make all necessary amendments in consonance with the provisions of the RTE Act within three months.

Also, they asked the State to initiate action against school managements that make unnecessary entries regarding fees due and demanding a TC during admission time.