Community › Forums › Legal Advice India › Previous School Withholding Leaving Certificate Over Unpaid Fees; Current School Unable to Register for 10th Exams, (Maharashtra)
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Quickfalcon1344.
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UUser_86452849
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January 11, 2025 at 7:38 amHello everyone,I’m facing a critical issue concerning my sister’s education and would greatly appreciate any advice or guidance.
My sister attended School A until the 5th grade and has been studying at School B since the 7th grade; she is currently in the 9th grade. School A is refusing to issue her Leaving Certificate (LC) due to unpaid fees, which we are financially unable to settle. School B now requires the LC and her deregistration from School A’s portal to register her for the 10th-grade board exams. Without these, she won’t be able to sit for her exams.
We’ve made multiple applications and requests to School A, explaining our situation, but they’ve consistently denied our appeals. School B has stated that they cannot proceed with her 10th-grade registration without the necessary documentation from School A.
I came across a recent ruling by the Madras High Court, which stated that educational institutions cannot withhold a student’s certificates due to unpaid fees, as they have no lien over such documents.
Additionally, the Delhi High Court has ruled that schools cannot withhold Transfer Certificates over non-payment of fees.
What steps can I take to compel School A to release the Leaving Certificate despite the unpaid fees?
Are there any other ways for my sister to register for her 10th-grade exams without the LC from School A?
Any insights, resources, or shared experiences would be immensely helpful. We’re desperate to resolve this matter promptly to ensure our sister doesn’t miss her crucial 10th-grade examinations.
Thank you in advance for your support and advice.
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QQuickfalcon1344
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January 11, 2025 at 8:42 pmSir you can get a lawyer to issue a notice to the school on your behalf to have a memorandum of settlement signed stating they will release the LC on the condition that you will be paying the fees in a agreed time period. but do keep in mind failure to repay the fees might have consequences because everything will be on paper agreed and signed by you and the school.
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