In a landmark judgment, the Madras High Court on Friday directed the Tamil Nadu government to ensure that schools do not pressure students to obtain Transfer Certificates (TC) from their previous institutions. The court emphasized that TCs are often used by schools as a tactic to recover unpaid fees, which is an unfair practice.
The bench comprising Justices S.M. Subramaniam and C. Kumarappan ordered the state government to issue a circular instructing school managements not to compel students to bring TCs from their former schools. This directive is aimed at protecting students’ rights when seeking admission to new schools.
The court also addressed the issue of unnecessary annotations on TCs, such as remarks about delayed or unpaid fees. The judges urged the state government to consider revising the Tamil Nadu Education Rules if necessary to prevent such practices. The court highlighted that writing non-essential information on TCs or pressuring students to bring them is a violation of the Right to Education Act.
The judges made it clear that TCs should not be used as a tool for fee recovery. They are private documents issued in the name of students and should not reflect financial issues. “A school’s financial problems should not be imposed on a student through the TC,” the court stated, adding that it is the parents’ responsibility to pay school fees as per the rules.
The court also noted the adverse impact on students’ mental health when they are pressured for TCs or when financial issues are noted on these certificates. It emphasized that students should not suffer due to their parents’ inability to pay fees. Such practices amount to harassment and violate students’ right to education.
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The judges observed, “If parents are unable to pay the fees, it is not the fault of the children. Hence, it is wrong to harass them or mark such issues on their TCs. This has a detrimental effect on the mental well-being of students.”
