The Delhi High Court has held that educational institutions cannot refuse to issue a Transfer Certificate (TC) to a student merely on the basis of a matrimonial dispute between the parents. Justice Vikas Mahajan, in an order dated 30 April 2025, directed that the TC be issued within one week, stressing that statutory obligations and the child’s welfare must take precedence over inter-parental discord.
Background:
The case concerned a minor girl represented by her mother in a writ petition filed before the Delhi High Court. The child had earlier been studying in a school in Delhi. After the parents’ separation in April 2024, the mother relocated with the child to Gurugram, Haryana, and secured her admission in another school.
Although the child completed one academic year at the new school, her admission continued to be provisional due to non-issuance of the Transfer Certificate by the previous school. The reason cited was a request made by the father to withhold the certificate due to ongoing family litigation.
Arguments:
The petitioner’s counsel contended that there was no direction from any court restraining the school from issuing the TC, and that the refusal was adversely affecting the child’s right to education. It was argued that such an action was contrary to Section 5(3) of the Right of Children to Free and Compulsory Education Act, 2009.
Counsel for the concerned educational authority supported this position, citing the statutory obligation imposed on schools to immediately issue a TC when a child seeks admission in another school. It was pointed out that delays in this process may even attract disciplinary action under the applicable service rules.
The father’s counsel admitted that no judicial order restrained the school from issuing the certificate, but stated that his client had merely requested the school not to do so, given the pending litigation.
Court’s Observations:
Justice Mahajan rejected the justification for withholding the certificate and emphasised the need to prioritise the child’s interests above parental disputes.
The Court observed:
“A perusal of the above quoted provision [Section 5(3) of the RTE Act] 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 another 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 also referred to its previous decision in a similar matter, reiterating that the rights of minor children should not be compromised due to matrimonial litigation, and that the guardianship issue must be resolved independently and in accordance with law.
Decision:
The Court directed the previous school to issue the Transfer Certificate within one week from the receipt of the order. It also clarified that the institution may seek revival of the petition if aggrieved. The matter was disposed of accordingly.
