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The new school wants a transfer certificate, and the old one will release it only after you clear the fees. Or it is February of a board year and the admit card is being held back over a fee dispute. In most cases the law is on your child's side. The school can still chase money it is genuinely owed, but it has to do that with you, not by holding your child's papers.
Can a school refuse a TC because of pending fees?
For ages 6 to 14, the RTE Act is direct. The Education Ministry's clarification on the RTE Act says Section 5 provides for the "immediate issue of Transfer Certificate" to a child seeking admission to another school. It adds that delay in producing a TC "shall not be a reason for denying or delaying admission in another school". The note frames this around government and aided schools; for private schools, the rulings below matter more.
Courts have applied this to fee disputes:
In July 2019, the Delhi High Court held that a private school had no authority to withhold a TC over unpaid fees, and ordered certificates issued within a week (The Weekend Leader).
In July 2024, a Division Bench of the Madras High Court said schools cannot use the TC to collect arrears or write fee remarks on it, and must recover dues by lawful means (SCC Online).
In May 2025, Justice Vikas Mahajan of the Delhi High Court wrote that "the school cannot deny the issuance of Transfer Certificate (TC) to the child who has sought admission in other school" (LiveLaw). That case was about a parents' dispute, not fees.
For Classes 9 to 12 the RTE Act does not apply directly, so your state's school rules and court orders matter more.
What can the school still charge?
Genuine fees are still owed. Under CBSE Affiliation Bye-Laws clause 7.4, unless the state government provides otherwise, dues are collected only up to the month your child leaves, not up to the month you apply for the TC. Clause 7.6 says state fee laws also apply to CBSE schools.
In practice: pay what is due for the months your child attended, get a receipt, and dispute the rest in writing. Unless your state's rules say otherwise, billing for months after your child left goes against clause 7.4.
Can a school hold back a board exam admit card?
No. In February 2018, CBSE warned schools that "in no case" may they detain eligible candidates from the exam, and that they cannot charge any fee for issuing admit cards (India.com, from PTI). In February 2026, the NHRC called a Delhi school's refusal to hand over CBSE admit cards during a fee dispute "per se illegal" (Careers360).
What should you write to the school?
Put everything in writing; email is fine. Adapt this letter:
"Dear Principal, I request the transfer certificate for my child [name], Class [X], admission number [Y], who is moving to [new school] from [date]. I will settle fees for the months my child attended, as per CBSE Affiliation Bye-Laws clause 7.4, and I dispute [item] for the reasons attached. Section 5 of the RTE Act requires the TC to be issued immediately, and courts have held that it cannot be withheld over fees. Please issue it within 7 days. Regards, [name, phone]."
The 7 days is our suggestion for a reasonable deadline, not a legal limit. For an admit card, change the request to "release my child's CBSE admit card, which CBSE issued in my child's name" and ask for it the same day.
Our guide on when to take a complaint to the principal helps you set the tone.
Where do you escalate if the school still refuses?
Work up this ladder, attaching your earlier letters at each step:
A second letter to the principal and the school manager, saying you will escalate on a stated date.
A complaint to your District Education Officer or your state's education directorate.
For an admit card, CBSE itself, quoting its examination bye-laws on not detaining eligible candidates.
A complaint to your State Commission for Protection of Child Rights, or to the NCPCR on its e-Baal Nidan portal. Transfer certificates are among the RTE entitlements these commissions monitor, according to the Ministry's RTE clarification.
A writ petition in the High Court, with a lawyer.
If the dispute is really about a fee rise, read the questions to ask before a school fee hike. If your child is moving mid-year in Class 9 to 12, check the CBSE rules on transferring mid-session before you choose a date.
If your child loses weeks of class during the switch, Fermi's AI tutor can work out what they already know and build a plan for the session, so catching up starts with a clear next step. If the stress feels like too much, Tele MANAS (14416) is the government's free, 24/7 mental health helpline.
