Child can’t be held hostage to parental discord: HC orders school to issue transfer certificate without mother’s consent
The refusal from school came despite the child being in the custody of the father following separation between the parents
Admonishing the mechanical insistence on parental consent for a child’s transfer certificate, the Punjab and Haryana High Court has made it clear that a minor cannot be made to suffer academic disruption due to matrimonial discord between parents, while directing a school to issue a document forthwith even without the mother’s consent.
Deciding a writ petition, Justice Kuldeep Tiwari issued direction to the school to release the transfer certificate immediately, making it clear that any delay would be construed as non-compliance of the court’s order. the order is significant as it makes it clear that procedural requirements cannot override the paramount consideration of a child’s welfare.
Justice Tiwari’s bench was confronted with a situation where the school had refused to issue the certificate to a seven-year-old child on the ground that consent of both parents was mandatory. The refusal came despite the child being in the custody of the father following separation between the parents.
Flagging the consequences of such rigidity, the court observed: “Bitterness in the matrimonial relations, leading to separation of parents must not be allowed to subject him to hardships, which has everlasting impact on his career.”
The bench added the child, just seven, was already bearing the brunt of the situation even though he was not at fault. In such circumstances, the court’s priority was to ensure the child’s welfare, “instead of letting him be the victim of red tape”.
Justice Tiwari’s bench also took note of the fact that despite efforts, the child’s mother chose not to appear before the court, leading to ex-parte proceedings. The school had relied on internal rules requiring consent of both parents, but the court found such insistence untenable in the facts of the case.
It was brought to the court’s notice during the course of hearing that endorsement by CBSE post-2019 was no longer mandatory for issuance of transfer certificates, leaving the school with sufficient autonomy to act.
The case arose after the child, who had completed Class 1, was relocated by his father to Uttar Pradesh following separation. Admission in a new school was secured, but it remained conditional upon submission of the transfer certificate — triggering the present litigation.
