K M Dayashankar
TRSMA receives a setback, but still they claim that the TC is mandatory violating the norms
HYDERABAD, JULY 25, 2024: In a major setback to the Telangana Recognised Schools Management Association (TRSMA) in general and private schools in particular, the Director of School Education has issued orders stating that the Transfer Certificate (TC) is not mandatory and child including a drop out should be admitted into the school immediately.
In the orders, DSE EV Narasimha Reddy stated that: “As per Section 5 (3) of RTE Act, 2009, for seeking admission in such school, the head teacher of incharge of the school where such child was admitted, shall immediately issue TC. Provided that delay in producing TC shall not be a ground for either delaying or denying admission in such other school. The head-teacher or in-charge of the school delaying issuance of TC shall be liable of disciplinary action under the service rules applicable to him or her”.
He also said that the no child should be denied admission in a school for lack of age proof as per section 14 (2) of RTE Act. The DSE had issued the above orders following the complaints that certain schools are insisting documents like Aadhar card, PEN (permanent education number) and TC for admitting child into school. He also directed the school authorities to depute a staff member to assist children in obtaining required documents subsequent to the admission.
On the other hand, the TRSMA state president S Madhusudhan, general secretary N Ramesh Rao and treasurer P Raghavendra Reddy have been claiming that the Director of School Education has issued a proceedings exempting Un-aided Private Schools for admission of students without TCs.
The TRSMA message had become viral on the social media wherein they claimed that: “Therefore TC is mandatory for admission of a student in Un-aided private school. Schools under sub-clauses (iii) & (iv) of clause (n) of section 2 of RTE means “Un-aided Private Schools” so it is TC is mandatory for admission/transfer of any student in Un-aided Private Schools. Students can’t transfer to other Un-aided private school without TC. This is a great achievement of TRSMA”.
It may be mentioned here that the Telangana High Court had also observed that the right of children to get Transfer Certificate (TC) from one school to join another one for whatever reason cannot be denied by the school authorities merely because the school fee is due.
The Court observed thus in a writ petition filed by the parents of students, seeking direction against the school for not issuing TCs to their children. A Single Bench of Justice Surepalli Nanda held, “This Court opines that the right of children to get the Transfer Certificates from one school to join another school for whatever reason cannot be denied by the school authorities merely because the school fee is due, if an amount is due towards fee, the proper course open to the 6th respondent is to file appropriate proceedings against the petitioners for recovery before competent courts and coercive tactics cannot be adopted by the 6th respondent to make the petitioners pay the school fee.”
