Madras: Challenging the authority of the school to withhold TC, the Madras High Court passed a common order recently pointing out that the court mentioned nothing about fee arrears should be entered in these papers. The directive mandated the Tamil Nadu government to encircle, direct, or order all the schools in the state not to compel students to produce TCs either for admission or for other blank entries, including non–payment or delayed payment of fees.
Directives from the High Court
The directive in question was issued to the Tamil Nadu government as the former felt it necessary to intervene in the latter’s affairs to effectively manage its population growth rate.
The directive was given by a division bench of Justices SM Subramaniam and C Kumarappan, and while issuing it, the bench stressed how children’s rights should be protected. The court ordered the state government to reconsider the size, shape, content, location, and title of the Rules of Tamil Nadu Education and the Code of Regulation of Matriculation Schools. The observations that are considered necessary have to be made according to the Right of Children to Free and Compulsory Education (RTE) Act within three months’ time.
The directive was made following a petition by the state government that felt that the ruling given by a single judge was unfair. Thus, the initial decision, which was for the All India Private Schools Legal Protection Society, stated that pointing at the fee arrears in TCs does not harm students or parents. However, the division bench reversed this decision, stating that such entries were humiliating and cruel under Section 75 of the Juvenile Justice Act, 2015.
Children’s Environment
The court also took the time to remind the court that it is unlawful to harass children over fee payment matters, an act that violates section 75 of the Juvenile Justice Act, 2015. In this case, schools are legally permitted to claim an outstanding balance from parents but do not have the authority to actually involve the child or take action against him/her. The bench pointed out that children should be Shielded from fee payment details to work in a happy, stress-free environment.
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