'No Student Can Be Expelled For Non-Payment': Madras High Court Permits Pvt Schools To Collect 85% Fees In Instalments

The Madras High Court on Friday permitted private unaided educational institutions to collect 85% of the annual school fee payable for the current academic year, i.e. 2021-22 in six instalments from parents who have not suffered any form of financial loss during the pandemic period. However, the Court made it clear that no student shall be restrained from attending online classes or taking exams or expelled from the institution on account of non-payment of fees.Justice D Krishnakumar was adjudicating upon a batch of petitions challenging a Tamil Nadu government order April 20, 2020 that had restrained private schools and colleges (unaided) in the State from compelling students or parents to pay the fee for the academic year 2020-2021 and other pending dues during the lock down period. Certain parents had also filed petitions alleging that schools had collected 100 percent fees without conducting online classes or dispensing other services. The Court had earlier issued an interim order dated July 17 wherein the unaided private institutions had been directed to collect 40% of the tuition fees. Observations: Pursuant to the consideration of rival submissions, the Court noted that due to the ongoing pandemic, it is not only the students who are suffering but private schools have also been adversely affected. "Private schools are particularly affected, with many finding it difficult to even pay their staff and some have also had to temporarily terminate the services of their faculty for co-curricular and extra-curricular activities such as sports and arts, besides other staff members. Orders have been passed directing the schools to collect only the tuition fees from parents and not to charge transportation fees, development fees etc", the Court observed. Furthermore, the Court observed that many schools had submitted before the Court that they are finding it difficult to even collect the tuition fees and that conducting of virtual classes have shot up expenditure. Schools are having to provide for laptops and network connectivity for teachers who do not have the required infrastructure to conduct online classes. Thus schools with moderate funds are finding it extremely difficult to survive, the Court added. Needless to state that schools with moderate funds are finding it extremely difficult to survive. Taking into consideration the financial burden on parents, the Court observed, "The Covid-19 pandemic has been financially challenging for parents, since they have not been able to make fee payments on the due dates owing to lockdown or on account of other reasons such as loss of income, unemployment, closure of businesses due to lockdown restrictions and the parents demand concession of fees since the classes are conducted online." Further reliance was placed on the Apex Court judgement in Indian School, Jodhpur and Another v. State of Rajasthan and Others wherein the Supreme Court had that State authorities do not have any power under the Disaster Management Act, 2005 to order reduction in fees of private unaided schools. Directions issued:The Court issued the following directions taking into account the grievances of the concerned stakeholders. 1. The petitioners/school management of the concerned private unaided schools shall collect 85% of the annual school fees (based on the fee fixed for the academic year 2019-2020) for the academic year 2021-2022 in six instalments from those students/parents who have not suffered loss of income during the pandemic period, provided they have conducted online classes. If the students have already paid first instalment for the present academic year, the balance amount shall be paid by way of instalments and the last instalment is to be paid on or before February 1, 2022.2. Students/parents who have suffered loss of income during the pandemic period, shall make an application to the school management, who shall consider their request and collect 75% of the fees. 3. If any parents/wards seek further concession for payment of annual fees for the academic year 2021-22 on account of unemployment, close down of business due to lockdown, they shall make a representation to the school management, who shall consider such representation on case-to-case basis sympathetically. 4. The students will not be removed from the school under any circumstances for this academic year 2021-2022 in view of the present academic situation. 5. No student will be restrained from attending online classes for this academic year 2021-2022 under any circumstances. 6. The unaided private institutions shall also collect the arrears of fees payable for the academic year 2020-2021 in instalments. 7. If any student has already paid the entire fees including arrears, the same shall not be a ground to claim for refund of the fee 8. The school management shall not shall not withhold the results of the examinations of any student on that ground of non-payment of fees. If any such action...

'No Student Can Be Expelled For Non-Payment': Madras High Court Permits Pvt Schools To Collect 85% Fees In Instalments

Aaratrika Bhaumik

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'No Student Can Be Expelled For Non-Payment': Madras High Court Permits Pvt Schools To Collect 85% Fees In Instalments

Aaratrika Bhaumik

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