2 May 2022 9:15 AM GMT
The Gujarat High Court is set to examine whether the action of Schools sending reminders to parents for non-payment of fees amounts to an offence under Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015.The provision provides punishment for cruelty to child, which may lead to physical or "mental suffering".Justice Bhargav Karia has issued notice on a Special...
The Gujarat High Court is set to examine whether the action of Schools sending reminders to parents for non-payment of fees amounts to an offence under Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015.
The provision provides punishment for cruelty to child, which may lead to physical or "mental suffering".
Justice Bhargav Karia has issued notice on a Special Civil Application filed by the Federation of Self-Financed Schools against an order issued by the Collector and District Magistrate of Surat, stating that harassment of school students for non payment of fees is a gross violation of Section 75 of the JJ Act.
During the hearing, Assistant Government Pleader Dhawan Jayswal informed the Court that the order was issued consequent to a meeting held by the National Commission for Protection of Child Rights upon the complaint received from the parents that their children are being harassed by the respective schools for non payment of fees. The Commission had summoned the Collector and directed him to take appropriate action in the matter.
Accordingly, the impugned order cautioned: "Without clear direction from a competent court, no school to do anything that will affect education of the child. Noncompliance of this direction shall be considered a violation of section 13(1) of the Right to Education (Act)."
It was directed: "Therefore, all the private school authorities are to deal with fee related issues with the parents and not the students and prevent fee related harassment amongst school students."
The Petitioner-schools contested that mere reminder sent to parents for non-payment of fees could not amount to offence under Section 75 of the Juvenile Justice Act. Because of the order of the Collector, any complaint filed by the parents would be registered under Section 75 of the Act by the police. It was further submitted that the Collector was acting without jurisdiction and authority of law.
The Bench observed that the Petitioner-schools had "made out a very good prima facie case for granting ad-interim relief", since the Collector seemed to have passed the order without jurisdiction or authority of law.
Accordingly, the High Court stayed the impugned order and also issued notice to the newly joined Respondent party i.e., the National Commission for Protection of Child Rights.
Case Title: FEDERATION OF SELF-FINANCED SCHOOLS, STATE OF GUJARAT Versus THE COLLECTOR AND DISTRICT MAGISTRATE, SURAT
Case No.: C/SCA/6776/2022
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