'Students Should Not Suffer': Calcutta High Court Bars Rustication Of Students, Withholding Of Admit Cards, Results For Non-Payment Of Fees

The Calcutta High Court on Friday underscored that despite the pending litigation regarding non-payment of school fees for the academic year 2020-2021, the concerned students should not suffer and that online classes should be continued to be provided to them. The Court also ruled that no student should be expelled on the ground of non-payment of fees and that admit cards and results should not be withheld on these grounds.

A Bench comprising Justice IP Mukherji and Justice Moushumi Bhattacharya was adjudicating upon a bunch of PILs filed by aggrieved parents seeking a partial remission of school fees for the session 2021-2022 due to the ongoing pandemic owing to which students are attending schools only through virtual mediums. The Court observed on Friday, 

"We only observe that by our earlier orders, which are still continuing, we had directed that pending resolution of the various contentions raised before us, the students should not suffer and that online classes should be continued to be provided to them, no student should be expelled on the ground of non-payment of fees and that admit cards and results should not be withheld on those grounds."

The Bench was also informed on Friday that a Special Leave Petition (SLP) against the Court's earlier order dated October 1, 2021 has been filed before the Supreme Court and is awaiting consideration.

The Court also stated that it is 'disturbed' to read the supplementary affidavit filed by Adamas International School in December, 2021 wherein it has been stated that first information reports are being generated by the police due to complaints concerning non-payment of school fees, expulsion of students etc. In this regard, a recommendation has also been made by the West Bengal Commission for Protection of Child Rights on December 2, 2021 on more or less the self-same complaints, the Court noted further.

Reprimanding such a practice, the Court directed,

"We observe and direct that when complaints are received by any authority touching the subject matter of this litigation, any contemplated action should and can only be taken with the leave of this court."

 The Bench further observed that schools which have started physical classes may proceed with it on such terms and conditions as the school may set subject to consideration of the issue on the next date of hearing. 

Accordingly, the Court adjourned the matter and listed it for further hearing on December 17, 2021 at 2pm. 

Case Title: Rajib Chakraborty & Ors. v. State of West Bengal & Ors

Click Here To Read/Download Order