If you are stuck in such a situation, here is what to do.

Arjun, a student from the city of Nagpur, recently faced a significant hurdle in his academic journey. He had been enrolled in “Apex International School” primarily to appear for his Class 10 board examinations, a common arrangement where regular attendance is not strictly enforced. After successfully passing his exams, he sought admission into a prestigious regular school, “Heritage Valley High,” for Class 11.

Upon submitting his documents to Heritage Valley High, the admissions office pointed out a critical issue. The Transfer Certificate (TC) issued by Apex International School stated that Arjun had only attended 14 out of a total of 219 school days. The new school, having a mandatory 75% attendance policy, was hesitant to proceed with his admission. When Arjun approached his old school, Apex International, to amend the certificate, they refused, stating that the document accurately reflected his attendance record. Distressed and desperate, Arjun considered altering the attendance figures on the certificate himself, a move that could have severe legal consequences.

Advice in such cases

• Do Not Alter the Document: Under no circumstances should you attempt to change, edit, or tamper with the Transfer Certificate. Altering an official document is considered forgery, a serious criminal offense under the Bharatiya Nyaya Sanhita (BNS), which can lead to imprisonment and a fine.

• Formal Communication with the Old School: Draft a formal written application to the Principal of your old school. Politely explain your situation, highlighting that your admission to the new school is at stake. Request them to issue a supplementary letter or an explanatory note that clarifies the nature of your enrollment, especially if it was a non-attending program designed for board exam preparation.

• Engage with the New School: Be transparent with the admissions committee of the new school. Explain the situation honestly and provide them with your excellent board exam results. They may have discretionary powers or alternative admission pathways for meritorious students in such unique situations.

• Approach the Education Board: Contact the relevant educational board (e.g., CBSE, ICSE, or the State Education Board) that governs both schools. They set the rules for school administration and transfers and may provide a directive or a solution to resolve the deadlock.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The primary legal concern here is the temptation to alter the certificate. This act would attract provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS):

• Section 334 of BNS – Forgery: This section defines forgery as making a false document or electronic record with the intent to cause damage or injury, to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud. Altering the attendance on a TC falls squarely within this definition.

• Section 335 of BNS – Punishment for Forgery: This section prescribes the punishment for forgery, which can be imprisonment for a term which may extend to three years, or with a fine, or with both.

• Section 336 of BNS – Forgery for the purpose of cheating: If the forgery is done with the intent to cheat, the punishment can be more severe, with imprisonment extending up to eight years, and a fine.

If you are the complainant

In this scenario, if the student forges the document, the new school (“Heritage Valley High”) would become the complainant.

• The school administration, upon discovering the tampering, should immediately secure the forged document.

• They should file a formal police complaint (FIR) against the student for submitting a forged document for admission.

• The school must cooperate fully with the police investigation, providing the document and statements from the staff who handled the admission process.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the student caught in this administrative bind, you are a victim of circumstance. Your goal is to resolve this without resorting to illegal acts.

• Preserve All Records: Keep all documents safe, including the original TC, your board exam mark sheet, admit card, and any fee receipts or correspondence from the old school.

• Document Everything: Maintain a clear record of all conversations, emails, and letters exchanged with both schools. Note down the date, time, and name of the person you spoke with.

• Send a Legal Notice: Through a lawyer, you can send a legal notice to the old school, demanding a clarification or a resolution. This formal step often prompts institutions to take the matter more seriously.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police will only get involved if a criminal complaint, such as one for forgery, is filed. If an FIR is registered against the student for forging the TC:

• The police will initiate an investigation as per the procedures outlined in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

• They will likely seize the document in question for forensic analysis.

• Statements will be recorded from the complainant (new school), the accused (student), and witnesses (old school staff).

• Depending on the evidence, the police may take further action, which could include an arrest. A criminal record can have a devastating impact on a student’s future.

FAQs people normally have

• Can a school refuse to issue a Transfer Certificate?
  No, a school cannot withhold a TC as it is a student’s right. However, they are obligated to provide factually correct information on it, including attendance.

• My old school had an unofficial ‘non-attending’ system. What can I do?
  This is a difficult situation as the arrangement was informal. Your best approach is to negotiate with the school to issue a letter explaining this arrangement, though they may be hesitant to do so in writing. Your board exam performance is your strongest asset in this negotiation.

• Is altering the attendance on my TC a minor offense?
  No, it is a serious criminal offense. Forgery is not taken lightly by the law, and a conviction can jeopardize your entire career and future prospects.

• Can I file a case against the school?
  You could potentially file a complaint in a Consumer Disputes Redressal Commission for “deficiency in service” if the school made promises it did not keep. However, proving an informal arrangement is challenging and legal proceedings are time-consuming.

What evidence is required?

To resolve the issue through legal or administrative channels, you will need:

• The original Transfer Certificate issued by the old school.

• Your Class 10 Board Examination Mark Sheet and Pass Certificate.

• All written communication, including emails or letters, with both the old and new schools.

• Fee receipts and the admission form from your old school.

• The prospectus or admission guidelines of the new school that state the attendance requirement.

How long will the investigation take?

• Negotiation: Direct negotiation between you and the schools could resolve the issue within a few days to a couple of weeks.

• Legal Notice: After a legal notice is sent, the school typically has 15 to 30 days to respond. The matter may be resolved within a month or two.

• Police Investigation: If a criminal case of forgery is filed, the investigation under the BNSS can take several months to conclude before a final report is submitted to the court.

• Court Case: If the matter goes to court (either civil, consumer, or criminal), it can take several years to reach a final verdict.

Advocate Sudhir Rao, Supreme Court of India