Withholding Certificates Amounts To Deficiency In Service: Kupwara District Commission Fines Sky Touch School ₹2 Lakh
Pranav B Prem
The District Consumer Disputes Redressal Commission, Kupwara, comprising Peerzada Qousar Hussain (President) and Nyla Yaseen (Member), has held the management of Sky Touch Educational Institute, Trehgam, liable for deficiency in service after it withheld school leaving certificates of two students despite repeated requests. The Commission directed the school authorities to pay ₹2 lakh as compensation to the complainant along with ₹20,000 towards litigation costs.
Background
The complainant, Nazir Ahmad Khan, a resident of Kupwara, filed the complaint against the Chief Education Officer (CEO) Kupwara, the Zonal Education Officer Trehgam, and the management of Sky Touch Educational Institute, Trehgam. His two children were enrolled in the school up to the 8th standard.
During the Covid-19 pandemic, he faced financial difficulties and was unable to clear the outstanding school fees in time, including transportation charges. Later, he submitted a cheque of ₹30,000 towards the dues and requested the school to issue leaving certificates and other documents so that his children could be admitted to another school. However, the school authorities refused to issue the required documents citing non-payment of pending fees.
The refusal of certificates adversely impacted the academic progress of his children, who were unable to secure admission elsewhere. Even after the CEO Kupwara directed the school to issue the certificates, the school authorities did not act. Aggrieved, Khan approached the District Consumer Commission, alleging deficiency in service and unfair trade practices, and sought compensation of ₹19.5 lakh.
As the opposite parties failed to appear despite notice, the case proceeded ex parte. The complainant supported his case through affidavits, including those of his wife Haleema Begum and daughter Zenu Nazir, who confirmed that the school’s refusal to issue certificates caused loss and mental agony to the family.
Observations by the Commission
The Commission observed that withholding essential documents such as school leaving certificates amounts to deficiency in service, as it directly hampers students’ right to education and future academic prospects. The Bench noted that the complainant had already tendered a cheque of ₹30,000 towards dues, yet the school arbitrarily refused to issue the certificates.
The Commission referred to the decision of the National Consumer Disputes Redressal Commission in Usha Rani v. Principal, Saint Joseph’s Convent School (2018), which held that refusal to issue documents on the ground of pending fees amounts to deficiency in service.
The Bench observed: “The school authority should handle fee issues separately and not link such matters with issuance of certificates/documents. Withholding essential certificates causes harm to students’ future academic career prospects.”
Directions
Holding the school management (Opposite Parties 3 & 4) liable, the Commission ordered them to:
- Pay ₹2,00,000 as compensation to the complainant for deficiency in service and for causing harm to the complainant’s children.
- Pay ₹20,000 as litigation costs.
The Commission directed compliance within four weeks from the date of the order.
The District Commission, Kupwara, thus allowed the complaint and directed Sky Touch Educational Institute to compensate the complainant, reiterating that educational institutions cannot withhold students’ certificates as leverage for fee recovery, and such conduct amounts to deficiency in service.
Cause Title: Nazir Ahmad Khan Versus Chief Educational Officer Kupwara & others
Case No: Consumer Complainant No: 113/2024
Coram: Peerzada Qousar Hussain (President), Nyla Yaseen (Member)
