Facts
The petitioner studied at the third respondent school from Class VI and passed the SSLC and Class XI examinations.
Source reference: paras. 2–3, pp. 2–3The school allegedly prevented her from continuing in Class XII because of unpaid fees; after her father’s death, she was unable to continue her studies and sought her Transfer Certificate (TC) and original mark sheets.
Source reference: paras. 2–3, pp. 2–3Following her representation, the District Educational Officer (DEO) directed her to pay the arrears claimed by the school—Rs. 97,455—before receiving the TC.
Source reference: para. 3, p. 3She challenged the DEO’s order dated 30 July 2025 and sought the TC and original Class X and XI mark sheets.
Source reference: para. 3, p. 3; prayer, p. 1Issues
Whether the DEO’s order requiring the petitioner to pay the claimed fee arrears before receiving her TC was liable to be set aside
Source reference: paras. 3, 9, 11, pp. 3, 5–6Whether the petitioner’s TC and original educational documents could be withheld for non-payment of school fees
Source reference: paras. 8–11, pp. 5–6Law Applied
The Court referred to the Right of Children to Free and Compulsory Education Act, 2009, observing that the Government had enacted it to secure children’s right to education.
Source reference: para. 8, p. 5It also relied on its decisions in W.P.(MD) No. 20726 of 2019 (17 October 2019) and W.P. No. 34541 of 2023 (21 March 2024), which it described as reiterating that students’ Transfer Certificates and mark sheets should not be withheld for non-payment of fees.
Source reference: para. 10, p. 5Although the petitioner referred to Sub-Rule 18 of the Tamil Nadu Private School (Regulation) Rules, 2023, the judgment did not expressly base its decision on that provision.
Source reference: para. 3, p. 3Reasoning
The Court considered the petitioner’s circumstances, including her father’s death, financial hardship, and inability to continue her education, alongside the school’s demand for Rs. 97,455 and the DEO’s direction that she pay before receiving her TC.
Source reference: paras. 2–4, pp. 2–4It held that the education authorities should have intervened in the student’s best interests rather than reiterating the school’s demand, and criticised the DEO for placing the petitioner in severe hardship.
Source reference: paras. 8–9, p. 5Applying the principle in its earlier decisions that educational documents should not be withheld for unpaid fees, the Court set aside the DEO’s order.
Source reference: paras. 10–11, pp. 5–6Holding
The Court set aside the DEO’s order dated 30 July 2025 and directed the second respondent to forthwith return the petitioner’s TC and all other educational documents, including her original Class X and XI mark sheets.
The writ petition was disposed of, the connected miscellaneous petition was closed, and the matter was listed for reporting compliance on 26 October 2026.
Source reference: paras. 12–14, p. 6Original Court PDF
S.Gunal IshwaryavsThe District Collector,
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