Lok Sabha Question No. 1281 (UNSTARRED), answered on 2019-11-25
Subject: School Transfer Certificate
Ministry: HUMAN RESOURCE DEVELOPMENT
Asked by: Darshana Vikram Jardosh

## GOVERNMENT OF INDIA MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF SCHOOL EDUCATION & LITERACY

## LOK SABHA UNSTARRED QUESTION NO. 1281 TO BE ANSWERED ON 25TH    NOVEMBER, 2019

## School Transfer Certificate

1281. SHRIMATI DARSHANA VIKRAM JARDOSH: Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state: (a) whether it is true that transfer certificate or school certificate is very important after moving from one State to another in the country; (b)  if  so,  because  of  the  different  formats  in  all  the  States  the  children  are  facing difficulties  while  studying  and  getting  admission  in  other  States  and  if  so,  the  details thereof; and (c)  whether  the Government is considering a uniform format of necessary documents and  certificates  in  the  context  of  studies  all  over  the  country  and  if  so,  the  details thereof?

## ANSWER

MINISTER OF HUMAN RESOURCE DEVELOPMENT

(SHRI RAMESH POKHRIYAL 'NISHANK')

(a) and (b) Section  5  (1)  of  Right  of  Children  to  Free  and  Compulsory  Education (RTE) Act, 2009 mandates that 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  a school belonging to specified category and an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local  authority  as it  mentioned in  sub-clause  (iii)  and  sub-clause  (iv)  of  clauses  (n)  of section 2 of this Act, for completing his or her elementary education.

Section 5(2) of the said Act mandates that 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    a  school belonging to specified category and an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority as it mentioned in sub-clause (iii) and sub-clause (iv) of clauses (n) of section 2 of this Act, for completing his or her elementary education.

Section 5(3) of the said Act also mandates that 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. Respective State Governments are the appropriate Government for the implementation  of  the  various  provisions  of  the  RTE  Act,  2009.  Ministry  of  Human Resource Development has issued an advisory to all the States and Union Territories on 08 th June, 2016 regarding issuance of transfer certificates by the schools, within 30 days of receipt of request. No  such  proposal  is  under  consideration  in  the  Ministry  of  Human  Resource

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(c) Development.