Section 5 of The Right of Children to Free and Compulsory Education Act, 2009
- (1)Where in a school, there is no provision for completion of elementary education, a child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education.
- (2)Where a child is required to move from one school to another, either within a State or outside, for any reason whatsoever, such child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education.
- (3)For seeking admission in such other school, the Head-teacher or in-charge of the school where such child was last admitted, shall immediately issue the transfer certificate: Provided that delay in producing transfer certificate shall not be a ground for either delaying or denying admission in such other school: Provided further that the Head-teacher or in-charge of the school delaying issuance of transfer certificate shall be liable for disciplinary action under the service rules applicable to him or her.
Summary
- Children have a right to transfer to another school if their current school has no facilities to complete their elementary education.
- A child can demand a transfer for any reason whatsoever, whether moving within the same State or to another State.
- This transfer right excludes special category schools and private-unaided schools.
- The head-teacher or school in-charge must immediately issue a transfer certificate when requested by the child or parents.
- A school cannot delay or deny admission to a transferring student because their transfer certificate is delayed.
- Any head-teacher who delays issuing a transfer certificate is liable to face disciplinary action under their service rules.
Practical examples
FAQ
1. Can a school refuse to admit a child because their previous school has not yet issued a transfer certificate under the Right of Children to Free and Compulsory Education Act, 2009?
No, Section 5 of the Right of Children to Free and Compulsory Education Act, 2009 states that a delay in producing a transfer certificate shall not be a ground for either delaying or denying admission in the new school.
2. Is a school principal penalized for delaying a transfer certificate under the Right of Children to Free and Compulsory Education Act, 2009?
Yes, under Section 5 of the Right of Children to Free and Compulsory Education Act, 2009, a head-teacher or in-charge who delays issuing a transfer certificate is liable for disciplinary action under the applicable service rules.
3. Does the right to transfer under the Right of Children to Free and Compulsory Education Act, 2009 apply to private-unaided schools?
No, Section 5 of the Right of Children to Free and Compulsory Education Act, 2009 excludes private-unaided schools and special category schools from this automatic transfer obligation.
4. Can a child transfer to another school if they are moving to a different state under the Right of Children to Free and Compulsory Education Act, 2009?
Yes, Section 5 of the Right of Children to Free and Compulsory Education Act, 2009 states that a child has the right to transfer to another school for any reason whatsoever, whether within a State or outside.
Test yourself
Q1.Under Section 5 of the Right of Children to Free and Compulsory Education Act, 2009, how do the school definitions in Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 limit a child's right to seek a transfer?
Q2.Under Section 5 of the Right of Children to Free and Compulsory Education Act, 2009, what must a new school do if a transferring student has not yet received their transfer certificate?
Q3.Under Section 5 of the Right of Children to Free and Compulsory Education Act, 2009, what are the consequences for a head-teacher who delays issuing a transfer certificate?
Q4.How does the transfer right in Section 5 of the Right of Children to Free and Compulsory Education Act, 2009 help a child who completes fifth class in a school defined under Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 that lacks upper primary classes?
Q5.Under Section 5 of the Right of Children to Free and Compulsory Education Act, 2009, what must the head-teacher of a school do when a child requires a transfer to another school?