Bombay HC grants relief to Student, Orders school to release Transfer Certificate

Alka Verma

Published On: September 20, 2021 at 12:25 IST

The Nagpur Bench of the Bombay High Court has recently ordered a private school to release the transfer certificate of a student.

Sharvari Badge, who scored 85% through self-study, her documents were kept on hold because of failure in payment of school fees.

The Court now has ordered the school to release the documents so that she can secure a seat in her college admission.

The Bench passed the order after observing that the Father, who is a flautist at weddings by profession, agreed to pay the fees in instalments.

Also, the school decided to provide some relief by giving some discounts after considering the child’s case.

The Court noted that for now, the father will only be able to pay Rs. 11,000 out of a total of Rs. 43,000.

Also, the Court ordered the school to provide a minimum discount of 40% on the remaining Rs. 32,000.

“The school management shall give appropriate discount to the petitioner from the outstanding amount of the fee payable by the petitioner to the school and this discount, in our view, may not be less than 40% of the outstanding balance of fee, as a special case, considering the facts and circumstances peculiar to this case, which concession shall not be treated as precedent for the future cases,” stated the Court.

The Court gave such an order while it was hearing a Writ Petition filed by the 15-year old girl.

In her Plea, she mentioned that she belongs to a weaker section of society and has been studying in the same school and class 1.

It was also mentioned there that she had always paid her fees on time but during the COVID pandemic and lockdown their financial condition became very weak and they were not able to pay the school fees.

Mentioning her school, she said in her Petition that St. Xavier’s High School, Nagpur, banned her from attending online lectures in August last year.

Through her Petition, she requested the Court to provide her all the relevant documents for getting admissionton a college else she will lose her opportunity and seat as well.

The Petitioner Counsel stated that the father will pay Rs, 11,000 immediately and the rest amount in 6 months.

On the other hand, Ryan International Group of Institutions, the managing party of the school stated that an appropriate discount will be given to the girl considering her as a special case and also agreed to issue all the relevant documents like transfer certificate and marks list as soon as possible.

Also Read: What is the Right to Education Act? What is the National Education Policy 2020?

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