Stigmatizing children for non-payment of fees amounts to mental harassment.

 Brief summary of the Madras High Court judgment

Stigmatizing children for non-payment of fees amounts to mental harassment and is violation of Juvenile Justice (Care and Protection of Children) Act, 2015 and Right to Education Act 2009.

 

Case Details: W.A.No.3075 of 2021 and C.M.P.Nos.21280 of 2021 & 1209 of 2022.

• Court: Madras High Court
• Bench: Justice SM Subramaniam and Justice C Kumarappan
• Parties: State School Education Department (Appellant) vs All India Private Schools Legal Protection Society (Respondent)
• Date of Judgment: July 19, 2024.

 

Key Citations:

1. Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)
2. Section 5, 15 and 17 of the RTE Act
3. Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015
4. Tamil Nadu Education Rules and Code of Regulations for Matriculation Schools

 

Reasoning:

1. The court held that making Transfer Certificate (TC) mandatory for school admissions goes against the provisions of the RTE Act.
2. The court emphasized that the right to education of children is paramount and takes precedence over other considerations like schools' fee collection.
3. Making entries about non-payment of fees in TCs amounts to stigmatization and mental harassment of children, violating Section 17 of the RTE Act.
4. TC is not a mandatory document as per Section 5 of the RTE Act, which states that delay in producing TC shall not be grounds for denying admission.
5. Any state rules inconsistent with the RTE Act (a central legislation) are void.
6. Schools have a responsibility towards children's wellbeing beyond just education.
7. Harassment of children over fee non-payment amounts to cruelty under Section 75 of the JJ Act.

 

Hon’ble Court ruled that:

1. Transfer Certificates (TCs) are not mandatory for school admissions in Tamil Nadu.
2. Schools cannot insist on TCs when students want to shift schools.
3. Schools are prohibited from making entries about unpaid fees in TCs.
4. The practice of demanding TCs or making fee-related entries violates the Right to Education (RTE) Act.
5. The court directed the state to issue circulars to all schools regarding these points.
6. The Tamil Nadu Educational Rules for matriculation schools must be amended within 3 months to align with the RTE Act.
7. The state must take action against schools making unnecessary TC entries or demanding TCs for admissions.

Key Directions:

1. Set aside the previous order mandating TCs for admission
2. Directed revision of state education rules to align with RTE Act within 3 months
3. Ordered issuance of circulars to schools prohibiting insistence on TCs and fee-related entries in TCs
4. Directed action against schools violating these directions under RTE Act and other child protection laws

 

Summary:

The court ruled that children should not be humiliated or stigmatized for their parents’ failure to pay school fees. It directed the Tamil Nadu government to issue circulars to all schools, instructing them not to insist on TCs for admissions or make entries about fee arrears in the TCs12. The court highlighted that such practices violate the Right to Education (RTE) Act and can cause mental harassment to children12. The state government was also instructed to amend the Tamil Nadu Educational Rules to align with the RTE Act within three months2.

This ruling aims to protect children’s right to education and ensure they are not penalized for financial issues beyond their control.