Madras HC directs govt to issue circular on TC not mandatory for school admissions

chennai: the madras high court has ruled that students transferring between schools should not be forced to present a transfer certificate, and has mandated that a circular be issued to all schools clarifying that "unnecessary remarks" should not be written in substitute certificates.during the covid-19 pandemic, many students unable to pay their fees left private schools and sought admission to government schools. when alternative certificates were requested, private schools often refused due to unpaid fees. in response, the school education department allowed student admissions without these certificates.however, the all india private schools legal defense association filed a petition against this, leading a single judge to order that schools issue replacement certificates within a week without refusal. the school education department appealed this order.ina hearing before justices s.m. subramaniam and kumarappan, the school education department's special pleader, u.m. ravichandran, argued that the single judge's order contradicted the right to compulsory education act, which ensures free primary education.appellate judge's order:"it is unacceptable to stigmatize students for non-payment of fees. a transfer certificate should not be used as a tool to recover unpaid fees; it is a personal document of the student. notes about fee arrears should not be written on it," stated the judge.the court emphasized that fee payment is the responsibility of the parents, and if they fail to pay, schools should follow legal procedures to collect the arrears. writing about non-payment on certificates humiliates children and could lead to mental distress, as it might hinder their admission to other schools.the bench ruled that the requirement for an alternative certificate is not stipulated in the right to education act, thus overturning the single judge's order.directive to the government:the court ordered the tamil nadu education rules and matriculation school regulations to be amended within three months to reflect this decision. additionally, the government must issue a circular to all schools instructing them not to demand alternative certificates or make unnecessary remarks in transfer certificates. any violations will result in legal action.this decision aims to protect students from undue stress and ensure their seamless transition between schools without facing unnecessary bureaucratic hurdles.