Introduction:

In the case of Saisha Chhillar (Minor) represented through her mother Ms. Jyoti Chhillar v. The Directorate of Education & Ors., the Delhi High Court addressed a significant issue concerning a minor’s right to education amidst parental disputes. The petitioner, a minor, through her mother, sought a direction to the Delhi Government’s Directorate of Education and Montfort School to issue a Transfer Certificate (TC). The child had been residing with her mother in Gurugram following a separation from her father in April of the previous year. Subsequently, she was admitted to another school in Gurugram. However, Montfort School declined to issue the TC, citing a letter from the father requesting non-issuance due to an ongoing guardianship dispute.

Arguments:

The petitioner argued that the school’s refusal was unjustified, especially since no court order had been passed directing the school to withhold the TC. The respondents contended that the father’s request was sufficient grounds to deny the TC, emphasising the pending guardianship case.

Judgement:

The Court, presided over by Justice Vikas Mahajan, observed that a school cannot deny the issuance of a TC to a child seeking admission to another school merely because the parents have an ongoing matrimonial or guardianship dispute. The Court emphasised that in such disputes, the child’s interest is of paramount consideration. It further noted that any delay in issuing the TC could warrant disciplinary action against the school’s Headmaster or In-Charge. Consequently, the Court directed Montfort School to issue the TC to the minor within one week. However, it granted the school the liberty to seek revival of the petition if aggrieved by the order. This judgment underscores the judiciary’s commitment to safeguarding children’s educational rights, ensuring that parental conflicts do not impede their academic progress.