Schools Cannot Withhold T.C for Non-Payment of Fees-Madras High Court

The Madras High Court held that the schools have only option to file recovery suit and cannot withhold documents for non payment of fees by the parents.

The judgement of the Madras High Court’s Madurai Bench Dtd.18.05.2017 which directed the school management not to withhold the Transfer Certificate, Mark Statements & Conduct Certificate of the students for the non payment of fees & also mentioned that the only remedy for the school management is to file recovery suit against the parents & further warned the school management not to adopt coercive methods, has been finally uploaded & available for download on the official website of the Madras High Court pursuant to request made by the social activist from Rajasthan, Smt.Pratibha Deepak to the registrar of the Madras High Court.

Explaining this issue, Smt.Pratibha Deepak said that, ‘I came to know about the Madras High Court’s judgement from the newspapers. However when i tried to search the judgement on the official website of the Madras High Court, i observed that the judgement is not uploaded yet. Accordingly i sent my query to the Registrar of the Madras High Court who took the immediate action and the order was uploaded instantly’.

The organization has already published an article earlier related to case laws against illegal fee hike & expulsion of the children by the private schools as follows-
Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
**We have also created a Single Page where all the Legal Awareness Articles for Common People to fight against Corrupt System including errant Public & Police Officers are posted as follows-
https://wp.me/P9WJa1-PL

The order of the Madurai Bench of Madras High Court above mentioned can be viewed and downloaded from the following link-
W.P(MD).Nos.9242 and 9243 of 2017- Schools Cannot Withhold T.C for Non-Payment of Fees-Madras High Court.Pdf

Facts of the Case-
The respondent school in this matter withheld the Transfer Certificate, Mark Statements & Conduct Certificate of the students on the ground that the parents had not paid the fees of Rs.29200/- whereas the petitioner parents made the prayer to the Madras High Court to refund Rs.25000/- refundable deposit amount they had made to the school management in the year 2015-16 at the time of the children’s admission.

Important Aspects Of The Judgement-
Taking the serious cognizance of this matter, the Madras High Court ruling in favor of the parents declared following aspects-
1) School Has No Authority To Withhold Transfer Certificates & Other Documents-
The court mentioned in Para 3 of the judgement as follows-
‘3. No school has any authority to deny the issuance of the transfer certificates and other documents, when the children opt to move to other schools. If at all there exists any legitimate claims against the parents, the School has to move the civil court for realizing the same, but the future of the children should not be held to ransom on this score.’

2) Central Borad of Secondary Examination (CBSE) has to pay attention to such violations by the school managements-
The court mentioned in Para 6 of the judgement as follows-
‘6. In circumstances such as these, the authorities such as second respondent has to pay his attention to regulate due the process by which educational institutions under his control are run. The irresponsibility of such authorities ultimately leave its unfortunate imprints on the future of the innocent children to which this Court cannot close his eyes to.’

3) Arrogance of the School Management Referring Lawyers as ‘Criminals’-
The court came heavily against the school management in para 7 for referring lawyers as criminals merely because parents served legal notice to the school management through lawyer as follows-
‘7.It requires to be recorded that the irresponsibility of the fourth respondent is highlighted by his arrogance in calling all lawyers as criminals for the sin of issuance of the legal notice for achieving the purpose sought in this writ petition. It is very unfortunate someone who runs an educational institutions with an avowed object of imparting knowledge and discipline to children should lose his balance and make such uncalled for statements.’

4) Court rules- ‘School to release the documents or children to get free education’-
The court in para 8 of the judgement not only declared that the school management shall immediately release the Transfer Certificate, Mark Statements & Conduct Certificate but also that if the same is not complied the children would get free education as the school is responsible for the same as follows-

‘8.The fourth respondent is hereby directed to issue the transfer certificates, mark statements, conduct certificates and other original documents concerning the petitioner’s children viz., N.Kudiarasu and N. Eyarkai, forthwith. In case of any failure to obey this order by the fourth respondent resulting in delay and consequently leading to inability of the petitioner to secure admission for his children in other schools, the children would continue their education in the next academic year in the same school (fourth respondent) but, without payment of any fees, for the situation has arisen only due to the obstinacy and insensitivity of the fourth respondent.’

We are thankful to social activist Smt.Pratibha Deepak whose efforts have made this judgement available & may be useful for the thousands of crusader parents who are fighting against the commercialization of the education.

Please don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below
https://www.facebook.com/jaihindbks
https://twitter.com/jaihindbks
-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan


Must Read-Legal Awareness Articles for Common Man as follows-

1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) The Maharashtra Public Records Act 2005-Important Provisions
12) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
13) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
14) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
15) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
16) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
17) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Mental Harassment to Misguide the Parents About CBSE Status- Ex Principal Alleges

The Ex principal alleges that the she was compelled to make bogus statement about the CBSE affiliation of the school to the parents & was harassed mentally.

In yet another shocking development in ongoing tussle between parents and the school management of Saraswati Mandir School of Mahim, the ex principal of the school management has made shocking revelation against the school management that she was allegedly harassed by the school management to lie about the Central Board of Secondary Education’s (CBSE) affiliation status to the parents.

The ex principal has stated that the school has no CBSE affiliation since past many years and yet the school management has been informing the parents that it has been affiliated to CBSE fraudulently. She has further informed that the school management has recently transferred 8th standard students who cleared the recent examination to the Shirodkar School as the Saraswati Mandir School does not have the CBSE affiliation since past many years.

Apart from that at the ex principal has further alleged that she was not given even the appointment letter for the post of principal and was mentally harassed by the management to misguide the parents about the the CBSE affiliation of the school.
Guide- How to Check CBSE Affiliation of the School
Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools

The organisation has been helping the parents of the Saraswati Mandir English Medium School legally and has provided all the legal assistance to the parents before the courts & commissions earlier. The Maharashtra State Commission for Protection of Child Rights (MSCPCR) accordingly had found the principal of the school management guilty of inflicting mental harassment upon the children for want of illegal fees & had directed education department to take the appropriate legal action against the principal, who was removed from the school management subsequently. The news related to our this success was published in Sakal Times as follows.

Saraswati Mandir School Principal Dismissed- Courtesy Sakal Times
Saraswati Mandir School Principal Dismissed- Courtesy Sakal Times

Our earlier articles published on this issue-
Saraswati Mandir School Removes ‘CBSE’ Board from the Premises
Infuriated Saraswati Mandir School Bans Rubella Vaccination of Twin Students
We have also created a Single Page where all the Legal Awareness Articles for Common People to fight against Corrupt System including errant Public & Police Officers are posted as follows-
https://wp.me/P9WJa1-PL

As at present the matter is sub judice before the Bombay Court and Maharashtra State Commission for Protection of Child Rights (MSCPCR) hence we are avoiding to make any further comments on this issue, but the revelation made by the ex principal as above mentioned makes it clear that the school management will soon have to swallow the bad pill.

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) The Maharashtra Public Records Act 2005-Important Provisions
12) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
13) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
14) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
15) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
16) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
17) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Infuriated Saraswati Mandir School Bans Rubella Vaccination of Twin Students.

Infuriated Saraswati Mandir Schools Bans Rubella Vaccination of Twin Students.
Infuriated Saraswati Mandir School Bans Rubella Vaccination of Twin Students.

Infuriated Saraswati Mandir School Bans Rubella Vaccination of Twin Students-The BKS had published the article before four days about the removal of CBSE board from the school premises after their non affiliation issue was exposed by the agitating parent Mr.Makarand Kane over the illegal and excessive fee issue. The link of the article is as follows-
Saraswati Mandir School Removes ‘CBSE’ Board from the Premises. Subsequently the Mumbai Mirror had published the news regarding the same issue and the link of the news is as follows-
https://mumbaimirror.indiatimes.com/mumbai/other/parents-confused-after-mahim-school-drops-mention-of-cbse/articleshow/67069226.cms

The school management was expected to follow the rules and norms after their misdeeds were exposed, however infuriated with the parents activism, the school management has within four days after their misdeeds were exposed has made a inhuman and ruthless decision not to allow of the twin children of Shri.Makarand Kane a Rubella Vaccination which is likely to be conducted on 24 December 2018 in the school.

Explaining this incident to BKS, Mr.Makarand Kane said,’My twin children were earlier expelled by the school management over non payment of the illegal fee issue. However later before the Maharashtra State Commission for Protection of Child Rights it was revealed that the fee demanded by the school management was illegal. Also the commission held the principal of the school management guilty of the mental harassment of my children and it recommended the disciplinary action, the concerned principal left the school thereafter.’

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‘The school management fearing backlash allowed my children to attend the school and challenged the commission’s order before the Bombay High Court. Now after i exposed their bogus CBSE affiliation issue, they are again targeting my children. Yesterday my twin children informed me that their class teacher has instructed them not to come to school on 24 December 2018 for Rubella Vaccination. To make my doubt clear i called the school office, where to my utter shock the employee of the school confirmed the same over the call’ added Mr.Kane.

Explaining the legal aspect & future course of action, Adv.Siddharthshankar  Sharma said ‘The organization has already provided legal assistance to the crusader parents and we would further make sure that the strictest action is taken against the school management for their all time low strategy of targeting the innocent children and risking their health issues.’

You may be Lawyer, Doctor, Engineer or even an Artist, Turn Your Talent or Passion into Blogging by Building Your Own Website Without the Help of Professional Programmer With Unlimited Earning Options on WordPress which powers 30% of the world websites.

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Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005
15) Supreme Court-Question of Parent Teacher Committee’s Right to Approach DFRC Open

MSCPCR orders KDMC Commissioner to implement readmission of expelled children over fee issue.

The Maharashtra State Commission for Protection of Child Rights (MSCPCR) Orders KDMC Commissioner to implement readmission of expelled children over fee issue.

MSCPCR orders KDMC Commissioner to implement readmission of expelled children over fee issue-The Maharashtra State Commission for Protection of Child Rights (MSCPCR) has flung into action for parent of the DS Desai School, Kalyan & has ordered KDMC Commissioner to take ‘Necessary Steps’ to implement its order Dtd.24.10.2018 to readmit the expelled children over the fee issue.

We had published an article earlier informing about the MSCPCR’s ad interim order to the school management to readmit the expelled children. The link of that article is as follows-

School refuses to obey MSCPCR’s order to readmit expelled children.

The Maharashtra State Commission for Protection of Child Rights (MSCPCR) earlier had passed an ad interim order against the school management to readmit the expelled children over the non payment of allegedly illegal fee by the parent.

The parent during the course of hearing agreed to pay the hiked fees under protest. However in spite of parent’s readiness to pay the school fees around Rs.91000/- under protest the school management refused to obey the ad interim order of the MSCPCR and requested the commission for another hearing.

Taking the strong note of this development the MSCPCR has finally ordered the Commissioner of the Kalyan Dombivali Municipal Corporation (KDMC) to take ‘Necessary Steps’ to implement its ad interim order passed on the 24.10.2018.  The order of the commission is attached as follows-

MSCPCR orders KDMC Commissioner to implement readmission of expelled children over fee issue.
Page 1-MSCPCR Orders KDMC Commissioner to readmit expelled children.

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MSCPCR Orders KDMC Commissioner to readmit expelled children Page 2
Page 2- MSCPCR Orders KDMC Commissioner to readmit expelled children

Speaking to the organization Mr.Rameshwar Dakhorkar said- ‘It is very shocking and unfortunate stand taken by the school management. It has submitted the written documents assuring the various authorities that if i am ready to pay the fees my children will get readmitted. However now when i am ready to pay the fees under protest & even the commission like The Maharashtra State Commission for Protection of Child Rights (MSCPCR) has given the orders to readmit the children, school management is playing the delay tactics & has even gone up to the extent of disobeying the order of the commission. It seems the school management is not interested in fees but want to get off active parents from the school’.

Explaining the organization’s role in this matter, Adv.Siddharthshankar Sharma said,  ‘There were some complications in the matter earlier but after this order the matter has become crystal clear now, the school must readmit the expelled children in view of the order above mentioned or the school management should face the strictest action of withdrawal of the recognition from the state government. The Principal of the school management may face the disciplinary action too. The organization has been supporting the parent throughout this process and we would serve another legal notice through parent tomorrow to the Commissioner of the KDMC to implement the order of the commission immediately as he has been grossly negligent till date. If he fails to implement the same we would initiate criminal & disciplinary proceedings against him too’.

Don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below

https://www.facebook.com/jaihindbks

https://twitter.com/jaihindbks

You may be Lawyer, Doctor, Engineer or even an Artist, Turn Your Talent or Passion into Blogging by Building Your Own Website Without the Help of Professional Programmer With Unlimited Earning Options on WordPress which powers 30% of the world websites.

WordPress.com

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005
15) Supreme Court-Question of Parent Teacher Committee’s Right to Approach DFRC Open

School refuses to obey MSCPCR’s order to readmit expelled children.

School refuses to obey MSCPCR’s order to readmit expelled children-

School refuses to obey Child Right Commission’s order to readmit expelled children-It has come to the rude shock to the parent of DSD School (Kalyan) as the school management has refused to obey the order of the Maharashtra State Commission for Protection of Child Rights to readmit his expelled children (MSCPCR).

Parent’s Say-

As per the allegations made by Mr.Rameshwar Dakhorkar, ‘My children were inflicted corporal punishments in the year 2016-17 for demand of illegal fees, i immediately filed the case before the Maharashtra State Commission for Protection of Child Rights. The illegalities committed by the school management were confirmed in the reports of the education department also. While the matter was pending, the school management illegally expelled my daughter who is studying in the 4th standard & my son studying in the 10th standard in April 2018 by referring the decision of the Bombay High Court in Writ petition No.9444/2017. Thereafter i filed the second case before the commission for the readmission of my expelled children. However during the hearings in view of the best interest of my children especially my son who was studying in class 10th, i decided to pay the illegal fees demanded by the school management under protest & accordingly the commission passed an ad interim order directing the school to readmit my children in the school.’

School refuses to obey MSCPCR’s order to readmit expelled children-The ad interim order of the Maharashtra State Commission for Protection of Child Rights directing the readmission of the children-

School refuses to obey Child Right Commission's order to readmit expelled children.
School refuses to obey Child Right Commission’s order to readmit expelled children.

The parent accordingly got the ad interim  order in his favor, the copy of the order of the Maharashtra State Commission for Protection of Child Rights Dtd.25.10.2018 which is attached below clearly directs the school management to readmit the children within 7 days once the parent pays the fees under protest.

To view & download the complete copy of the order of The Maharashtra State Commission for Protection of Child Rights above mentioned click the link given below-

Click To View- Order of Maharashtra State Commission for Protection of Child Rights directing Readmission of the Expelled Children.Pdf

School refuses to obey the order of the Maharashtra State Commission for Protection of Child Rights-

However the joy of the parent was short lived as when he went to submit the Demand Draft of Rs.91000/- in favor of the school management under protest, it refused to accept the payment & readmit the children of Mr.Dakhorkar. The school management has mentioned in its letter addressed to the Maharashtra State Commission for Protection of Child Rights that it would be in some ‘Technical Difficulties’ to readmit the children and has also requested the commission another hearing to allow it to ‘explain their stand.’

Speaking Legally-

Explaining the issue, Adv.Siddharthshankar Sharma said, ‘As the matter is still pending before the commission & there are some complications in this issue which cannot be discussed at present in interest of the parties involved yet as i have been advising & providing the drafts to Mr.Dakhorkar throughout these proceedings before the commission who is fighting this issue in person, I am aware about the matter and it seems that the school management is not interested in payment of the fees but want to silent the parents raising their legitimate issues instead. If the school is not obeying the order of the commission it should further direct the appropriate authorities to prosecute & punish the school management. Apart from this, we are also planning our future course of action which would be updated soon’.

Don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below

https://www.facebook.com/jaihindbks

https://twitter.com/jaihindbks

-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan

You may be Lawyer, Doctor, Engineer or even an Artist, Turn Your Talent or Passion into Blogging by Building Your Own Website Without the Help of Professional Programmer With Unlimited Earning Options on WordPress which powers 30% of the world websites.

WordPress.com

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005
15) Supreme Court-Question of Parent Teacher Committee’s Right to Approach DFRC Open