Kupwara District Commission Directs Sky Touch Educational Institute To Pay ₹2 Lakh Compensation For Withholding School Leaving Certificates

Commission found that by withholding essential documents such as school leaving certificates, the school caused serious harm to the complainant's children who were unable to secure admission elsewhere. As a result, the Commission imposed a compensation of Rs.2 lakhs on the school management.

Background Fact

Nazir Ahmad Khan (“Complainant”), a resident of Kupwara, filed a complaint against the Chief Education Officer (CEO) Kupwara (“OP-1”), the Zonal Education Officer (ZEO) Trehgam (“OP-2”) and the management of Sky Touch Educational Institute, Trehgam (“OP-3 & OP-4”).

His two children were enrolled in Sky Touch School and had studied there up to the 8th standard. During the Covid-19 pandemic he could not pay the full school fees including transportation charges. Despite the financial strain he later submitted a cheque of Rs.30,000 to cover the outstanding dues and requested the school to issue leaving certificates and other documents for his children so that they could be admitted to another institution.

However, the school authorities refused to issue the required documents citing pending fees. This directly affected the children's academic progress since they could not secure admission elsewhere. Even after the CEO Kupwara directed the school to release the documents, no action was taken.

Aggrieved by the school conduct, the complainant approached the District Commission alleging unfair trade practices and seeking compensation of Rs.19.5 lakh for the loss caused. Since the opposite parties failed to appear, the case proceeded ex parte against them.

Observation and Direction by Commission

Commission observed that the refusal to provide essential documents like school leaving certificates amounts to deficiency in service. The school could have dealt with fee recovery separately instead of linking it to issuance of certificates which directly affects the future of students.

Commission relied on the precedent set in Usha Rani vs Principal Saint Joseph's Convent School (2018), where National commission held that failure to issue documents due to pending fees amounts to deficiency in service.

Therefore, Commission allowed the complaint and directed the school management (OP 3 & OP 4) to pay Rs. 2 Lakhs as compensation to complainant for causing harm and deficiency in service along with Rs. 20,000 towards litigation costs.

Case - Nazir Ahmad Khan Versus Chief Educational Officer Kupwara & others

Citation - Consumer Complainant No: 113/2024