- (1.) APPELLANT has challenged the order dated 5.7.2007, passed in Case No. 22 of 2007, by Jharkhand Education Tribunal, Ranchi by which the appellant being Director -cum -Principal, Vivekanand Vidya Mandir, Sector -II, Dhurwa, Ranchi, was directed to issue transfer certificate free of cost.
(2.) MRS . Ritu Kumar, learned counsel appearing for the appellant submitted that the parties are bound by the prospectus and in view of Clause -5 thereof, the demand of one month fee i.e. Rs.3001 - per student for grant of transfer certificate was justified. Clause -5 reads as follows: - "5. Transfer certificate shall be issued to a student on written request from the parent/guardian after clearing all the dues of the school. One month's advance notice or one month's fees in lieu of the notice period shall have to be given for the issue of T.C."
(3.) BOTH the sentences are separate and independent. From the reading of this clause, it appears that the transfer certificate is to be issued on the request in that regard, though after clearing all the dues of the school. It is not stipulated and it cannot be stipulated that a student has to continue his studies even after the completion of the session. Thus, the demand of one month's advance notice or one month's fees in lieu of the notice period for issue of T.C. (transfer certificate) can be justified if transfer is sought during mid session. In the present case, it is not in dispute that the transfer certificate was sought by respondent no. 1 -Rajendra Kumar for his three children after they completed their sessions in Class -IV, VII and IX. Thus, even as per Clause -5 of the school prospectus, after completing the session, one month's fees could not be demanded for issue transfer certificate. Respondent No. 1 will be entitled to withdraw Rs.900/ - deposited by him in terms of order dated 19.9.2007. In the result, this appeal is dismissed. However, no costs.;