In a significant ruling safeguarding the educational rights of children, the Delhi High Court has directed Montfort School in Ashok Vihar to issue a Transfer Certificate (TC) to a minor girl, stating that matrimonial or guardianship disputes between parents cannot obstruct a child’s academic progression.

The order came in response to a writ petition filed on behalf of the child, who had relocated with her mother to Gurugram following her parents’ separation. While the child had already completed an academic year at Gems International School in Gurugram, her admission remained pending finalisation due to Montfort School’s refusal to issue a TC. The school had cited an objection from the child’s father, who referred to an ongoing guardianship case in the family court.

The petitioner’s counsel argued that there was no legal order preventing the issuance of the certificate and highlighted Section 5(3) of the Right of Children to Free and Compulsory Education Act, 2009, which obligates schools to promptly issue TCs and prohibits denial of admission in another institution due to any delay.

Agreeing with the petitioner, the Court observed that Section 5(3) mandates schools to provide a TC without delay and warns of disciplinary action against school authorities for non-compliance. “It is evident that the school cannot deny the issuance of a TC to a child seeking admission elsewhere,” the Court stated.

Stressing the primacy of a child's welfare, the Court remarked, “In any matrimonial or guardianship conflict, the interest of the child remains paramount and must not be compromised.”

The judgment also referenced Sanavi Anand (Minor) & Ors. v. Govt. of NCT of Delhi & Ors., reaffirming the principle that parental disputes should not hinder a child's education.

The High Court concluded the matter by directing the school to issue the TC within one week of receiving the order, allowing the institution the option to seek revival of the petition if it felt aggrieved. The ruling reinforces that educational continuity is a fundamental right that must remain unaffected by domestic disputes.