School Cannot Withhold Child's Transfer Certificate Citing Matrimonial Dispute Among Parents: Delhi High Court

A petition was filed by a minor girl through her mother, seeking directions to the Directorate of Education and Montfort School to provide her transfer certificate. The child had been living with her mother in Gurugram following her parents' separation in April of the previous year and had since secured admission in another school there.

Montfort School had refused to issue the transfer certificate citing an objection raised by the father, who had written to the school requesting that the certificate not be issued.

A Bench of Justice Vikas Mahajan emphasized that the child's best interest must take precedence in such situations. It said, “the school cannot deny the issuance of Transfer Certificate (TC) to the child who has sought admission in other school. In the event of delay in issuance of Transfer Certificate, even a disciplinary action can be taken against the Head-Master or In-Charge of the school. Needless to say that in a matrimonial or guardianship dispute, it is the interest of the child which is of paramount consideration.”

The Court noted that there was no judicial order from the Family Court restraining the issuance of the certificate.

The Court directed Montfort School to issue the TC within one week. It added that if the school had any grievance with the order, it would be at liberty to file an application for revival of the petition.

Cause Title: Saisha Chhillar Minor v. The Directorate of Education & Ors.

Appearance:

Petitioner: Advocates Puneet Singh Bindra, Vivek Kadyan, Nitin Saroha, Charu Modi, Sukriti Seth, Rishabh Gupta, Kriti Dang, and Shanya Shukla.

Respondents: Advocates Dhruv Rohatgi, Chandrika Sachdev, and Dhruv Kumar, R.D. Singh and Prateek Jindal.

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