School not giving TC, holding back results for fees, or raising fees too much? Parents’ rights in India — RTE Act s.5 (TC), s.13 capitation fee, s.17 harassment, State fee laws (Delhi 2025, Rajasthan 2016, UP 2018), where to complain (2026)
Plain guide for parents whose child’s school will not issue a transfer certificate (TC) until fees are paid, holds back results or harasses the child over dues, demands a donation for admission, or raises fees sharply: what the Right of Children to Free and Compulsory Education (RTE) Act, 2009 says, what High Courts have held, how State fee-regulation laws work, and where to complain. Educational only — not legal advice. Adhiwakta does not contact schools or authorities for you.
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The TC rule under the RTE Act
For a child in elementary education (Classes 1–8, age 6–14), section 5(2) of the RTE Act gives the right to seek transfer to another school, and section 5(3) says the head teacher or in-charge of the last school shall immediately issue the transfer certificate. Delay in producing the TC shall not be a ground for delaying or denying admission in the new school, and a head teacher who delays the TC is liable to disciplinary action under the applicable service rules. Ask the new school to admit the child under section 5 even if the old TC is delayed.
Can the school keep the TC until fees are paid?
High Courts have said no. The Kerala High Court (2023, WP(C) 21991 of 2023) held that a child’s TC cannot be withheld because fees are due — the school may start proper legal proceedings to recover any dues, but cannot use coercive tactics. A Division Bench of the Madras High Court (2024, State of Tamil Nadu v. All India Private Schools Legal Protection Society) said a TC is the child’s personal document and not a tool to collect arrears, asked schools not to write fee-arrear remarks on the TC, and treated stigmatising the child as mental harassment under section 17 of the RTE Act. The Telangana High Court has taken a similar view. This does not cancel genuine dues — the school can still claim them by law — and the position for Classes 9–12 depends on the facts and your State’s rules.
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No punishment or humiliation of the child over fees
Section 17 of the RTE Act bans physical punishment and mental harassment of children. Making a child stand out in class, announcing names of defaulters, stopping the child from class or exams, or withholding the result or report card to pressure parents can be raised as harassment with the education authorities and the child-rights commission; courts have also referred to cruelty to children under section 75 of the Juvenile Justice Act, 2015. Keep a dated note of what happened and any messages from the school.
Admission: no donation, no screening, and the 25% seats
Section 13 of the RTE Act forbids any capitation fee (donation) and any screening procedure of the child or parents for admission. A school that takes capitation fee can be fined up to ten times the amount; screening attracts a fine of ₹25,000 for the first contravention and ₹50,000 for each later one. Under section 12(1)(c), private unaided schools must admit children from weaker and disadvantaged groups in at least 25% of entry-class seats; applications are usually made on the State RTE portal in the admission season — check your State’s dates and eligibility.
Fee hikes — your State’s law decides
There is no single national cap on private school fees; States regulate them. Examples: Delhi — the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025 (in force from 10 December 2025) requires a School Level Fee Regulation Committee that includes parent members. Rajasthan — the Rajasthan Schools (Regulation of Fee) Act, 2016 sets up a School Level Fee Committee with five parent members chosen by lottery, and the approved fee binds for three academic years; the Supreme Court upheld the Act in Indian School, Jodhpur v. State of Rajasthan (2021). Uttar Pradesh — the U.P. Self-Financed Independent Schools (Fee Regulation) Act, 2018 caps the yearly increase for existing students at the latest annual CPI rise plus 5% of the fee. Maharashtra, Gujarat, Tamil Nadu, Karnataka, Punjab, Haryana and other States have their own laws or rules. Ask the school for the approved fee structure and committee decision before paying a disputed increase.
Step 1 — Write to the school
Give a short written application to the principal asking for the TC (or objecting to the fee increase), quoting section 5 of the RTE Act or your State fee law, and ask for a reply in a few days. Keep a copy with the school’s receiving stamp, or send it by email and Speed Post. Keep all fee receipts, circulars and messages. Parents facing the same hike can write jointly through the parent-teacher association.
Step 2 — Complain to the education authorities
Write to the Block or District Education Officer (or the Directorate of Education / fee regulatory committee under your State’s law). Under section 32 of the RTE Act, a person with a grievance about a child’s rights can complain to the local authority, with an appeal to the State Commission for Protection of Child Rights (SCPCR). The National Commission for Protection of Child Rights (NCPCR) and SCPCRs monitor RTE rights under section 31. For a CBSE, CISCE or State board school, you can also inform the board’s regional office. Keep copies and acknowledgment numbers.
Step 3 — RTI and the High Court
An RTI application to the District Education Officer can reveal the school’s approved fee and recognition details. If the TC or admission is urgently blocked and the authorities do not act, a writ petition in the High Court under Article 226 is the usual route; courts have given directions in TC cases. Consumer commissions have often held that education itself is not a ‘service’ under consumer law, so a consumer case against a school may not be the right forum — take advice on the facts before choosing.
How Adhiwakta can help
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Frequently asked questions
- The school is not giving the TC because fees are pending. What can I do?
- Give a written request quoting section 5 of the RTE Act, which says the TC shall be issued immediately. The Kerala and Madras High Courts have held that a TC cannot be used to collect fee arrears; the school can recover genuine dues by law. If the school still refuses, complain to the District Education Officer and the child-rights commission.
- Can the new school refuse admission without the TC?
- For Classes 1–8, section 5(3) of the RTE Act says delay in producing the TC is not a ground to delay or deny admission. Ask the new school to admit the child and inform the education officer if it refuses.
- How much can a private school increase fees?
- It depends on your State’s fee law. For example, UP’s 2018 Act caps the yearly increase for existing students at the latest CPI rise plus 5%; Rajasthan’s 2016 Act and Delhi’s 2025 Act require fee committees with parent members. Ask the school for the approved fee structure.
- Is a donation or capitation fee for admission legal?
- No. Section 13 of the RTE Act bans capitation fee and screening for admission; a school taking capitation fee can be fined up to ten times the amount. Keep proof of any such demand and complain to the education authorities.
- Can the school stop my child’s exam or result because of fees?
- Courts have said children should not be harassed or stigmatised over unpaid fees, and section 17 of the RTE Act bans mental harassment. Complain in writing to the principal, the District Education Officer and the State child-rights commission; urgent cases can go to the High Court.
- Where can parents complain against a private school?
- The Block or District Education Officer, the fee regulatory committee under your State law, the local authority under section 32 of the RTE Act, the SCPCR / NCPCR, and the board’s regional office. An RTI can get the approved fee details, and a writ petition under Article 226 is the route for urgent cases.
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