Transfer Certificate (TC) is an official document issued by an educational institution when a student leaves that institution. This is proof that the student has been a part of that institution.
The purpose of the Transfer Certificate (TC) is to facilitate the student's admission to another educational institution by providing a record of their academic and behavioral history from the previous institution.
Whenever a
student leaves the school during his course or leaves the studies after
completing his studies, he has to obtain a Transfer Certificate (TC) from the
present school for admission to another educational institution.
In recent
times, cases of schools refusing to issue Transfer Certificates (TC) to
students have created widespread concern, and many students and their guardians
are facing a lot of trouble due to the institution/school refusing to issue
this certificate.
Under the
Right to Education Act, every child has a fundamental right to education, which
also includes the right to obtain a transfer certificate for transfer between
schools. This legal provision aims to ensure uninterrupted education for
children regardless of their socio-economic background or circumstances.
Importance of Transfer Certificate (TC):-
👉It serves as a proof of education in the previous institution.
👉It acts as a certificate of conduct and character.
👉It acts as a no-dues certificate.
👉This helps in future educational opportunities.
👉This is necessary if the student is planning to study abroad.
What important information should be contained in
the transfer certificate?
A Transfer
Certificate (TC) is issued by the head of the institution, and should contain
the following information:-
- Student's full name, date of birth and gender.
- Date of Admission and leaving the institution
- Details of previous school including name and address.
- Academic performance , such as grades and subjects.
- Records of conduct and disciplinary actions.
- Any additional remarks or observation considered relevant by the school authorities.
Laws under the Union of India:
The rights of transfer to other schools under Section 5 of the Right of Children to Free and Compulsory Education Act, 2009 are mentioned as follows:-
(1) Where in a school, there is no provision for completion of elementary education, a child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education.
(2) Where a child is required to move from one school to another, either within a State or outside, for any reason whatsoever, such child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education.
(3) For seeking admission in such other school, the Head-teacher or in-charge of the school where such child was last admitted, shall immediately issue the transfer certificate:
Court's direction on school's refusal to transfer
certificate:
➤ The Madras High Court in the case of “All India Private School Legal Versus State of Tamil Nadu” on 28.10.2021 directed the managements of private schools to issue Transfer Certificates (TC) to students within a week of receipt of applications, without insisting on payment of outstanding fees, and passed the following order in favor of the students:
(a)The students / parents must have the absolute freedom to take a decision regarding the continuation of the education in the existing school or to get transfer to any other school.
(b) Any student / parent, who wants to continue the education in a different school should submit an application in that regard to the concerned transferor school.
(c) Immediately after
the application is submitted by the student / parent, the transferor school
shall issue the Transfer Certificate within a period of one week from the date
of receipt of the application.
(d) If there are any existing disputes between the student / parent and the concerned school, which also includes dispute with regard to payment of fees, the same should be independently worked out in the manner known to law and that can never be a reason to deny issuance of Transfer Certificate to the student, who has already made an application seeking for Transfer Certificate.
(e) If any school refuses to issue the Transfer Certificate as directed in Clause (c) of this order, a complaint can be made to the concerned Chief Educational Officer (CEO) and immediate action shall be taken for violation of this order and it shall be ensured that the Transfer Certificate is issued to the student. If any such violation is brought to the notice of this Court, this Court will also initiate suo motu Contempt Proceedings against the concerned School for violation of the directions issued by this Court.
➤ Delhi High
Court in WP(C) 6658/2019, Court on its own motion as directed in the matter of
Ashok Versus Directorate of Education and others held that, A private had no
authority to withhold issuance of Transfer Certificate (TC) to a student over non-payment
of outstanding fees, and directed to issue the Transfer Certificates within a
week.
➤The Kerala High Court in the case of Petitioner (a minor student) vs. CBSE Regional Office and Another in WP(C) NO. 21991 OF 2023 held that, every child has a fundamental right to education. The right of a child to obtain a transfer certificate from a school for joining another school for any reason cannot be denied by the school authorities merely because fees are outstanding from the student.
How to obtain Transfer Certificate (TC)?
➧You should
make an application to the Principal of the school for issue of transfer
certificate and in case of refusal you can request him to give in writing why
he has refused to issue the TC.
➧If the
Principal has refused to issue the transfer certificate due to outstanding
fees, you can draw his attention to the provisions of Section 5 of the Right to
Education Act and the direction of the Courts, which clearly mention that the
school should issue TC Cannot refuse to do so and if he refuses, disciplinary
action can be initiated against the school principal.
➧If even after
this they refuse to issue TC, then you can send a legal notice to the principal
of the said school.
➧If you do
not get a positive response from the school even after sending the legal
notice, you can file a complaint with the Block Education Officer (BEO) of your
area, and they can take action as per Classification Control and Appeal Rule
(CCA).
➧If the problem is not resolved, you can lodge your complaint with the District Education Officer (DEO), after mentioning that the BDO has failed to take any action against the school.
➧If you were forced to pay irrelevant school fees as a pre-condition for issue of TC, then after payment of the said fees, you can file a complaint against the school before the Consumer Forum for recovery of fees paid on the basis of deficiency of services, and through this complaint, you can also claim compensation for the mental harassment caused by the illegal acts of the school.
Frequently Asked Questions Reply:
Q1. Is any college also bound to issue transfer certificate?
Answer- Yes,
if a student requires a Transfer Certificate (TC) then a college cannot refuse
to issue it.
There is a
case against a private engineering college in Dindigul, for which the Madurai
bench of the Madras High Court has directed the engineering college to issue a
transfer certificate to the student.
Q1. Who is
authorized to issue transfer certificate?
Answer- Principal of the last institution where the student was receiving education.
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