Mrs. Gowri Priyadarshini Sundeep v. The State of Telangana
Transfer Certificate – Right of Children to Free and Compulsory Education Act, 2009, S.5
Case brief
What is this about?
Telangana HC (T. Vinod Kumar) dismisses W.P. 32979/2024 (decided 20-01-2025): mother's demand for immediate Transfer Certificate for 7-year-old son from Oakridge International School, Nanakramguda/Cyberabad, rejected; Section 5 RTE Act 2009 interpreted narrowly (TC rights arise only on completion of elementary education without further schooling, or on inter-school transfer within/outside State); earlier decision in W.P. 29461/2018 distinguished as misplaced reliance; own earlier observation in W.P. 33339/2024 invoked on children suffering in parents' matrimonial battles; overlapping remedy in GWOP 25/2024, Family Court City Civil Court Secunderabad; Article 226 and Article 14 invoked; interim relief sought under Section 151 CPC; no costs.
What did the court decide?
Section 5 of the RTE Act, 2009 only confers a right to seek issuance of a Transfer Certificate where the child has completed her elementary education and the school does not provide for further education, or where the child is required to move from one school to another either within the State or outside the State on account of any reason whatsoever, in which case the Head Teacher is immediately required to issue the TC; accordingly, the reliance placed by the petitioner on the decision of this Court in W.P.No.29461 of 2018 is wholly misplaced.