The Delhi High Court held that schools cannot refuse a child's transfer certificate solely due to disputes between the parents over matrimonial or guardianship issues.
The Court considered a plea by a minor, filed through her mother, seeking a transfer certificate from Montfort School after relocating to Gurugram post-parental separation. The school had denied the certificate based on a request from the father, despite no court order restricting its issuance. The Court noted that ongoing guardianship disputes cannot justify withholding the certificate.
The Bench of Justice Vikas Mahajan stated, “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.”
The Court further emphasised, “Needless to say that in a matrimonial or guardianship dispute, it is the interest of the child which is of paramount consideration.”
The Court underscored that in matrimonial or guardianship disputes, the welfare of the child must take precedence. It cited its earlier ruling in Sanavi Anand (Minor) & Ors. v. Govt. of NCT of Delhi & Ors., affirming that such disputes should not hinder a child’s right to education or access to essential documents like a transfer certificate.
The Delhi High Court directed Montfort School to issue the Transfer Certificate to the petitioner within one week of receiving the order. However, the school has the liberty to seek revival of the petition if it feels aggrieved by the order.
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