School Fees During COVID: CBSE & State Board Schools Entitled To Collect 70 & 60 Pct Tuition Fee Respectively: Rajasthan High Court

Noting that "no bias or any sort of partiality or unfairness can be imputed on the part of the State Government as it has tried to strike the balance between the schools' management and the parents", the Rajasthan High Court on Friday (18th December) ordered the schools to take their fees as per the recommendations of the Government made on October 28. The Bench of Chief Justice Indrajit Mahanty and Justice Satish Kumar Sharma, which was hearing Special Appeal Writs, which were filed challenging the Order of Single Bench dated 07.09.2020, held that no case is made out for interference by this Court into the policy decisions of the State Government. Background In the wake of COVID-19 pandemic, the Rajasthan Government deferred the collection of school fees for 3 months by the private schools recognized by Primary and Secondary Education Departments (vide order dated 09th April). Subsequently, the above deferment of collection of fees was extended till the opening of the schools with the stipulation that the name of any student shall not be struck off for non-payment of school fees (vide order dated 07th July). Above orders of the State Government were challenged by way of S.B. Civil Writ Petition. The same was disposed of (vide order dated 07th September) with the directions to the schools' management that:- Allow the students to continue their studies online, Allow them to deposit 70% of the tuition fees element from the total fees being charged for the year,70% of the tuition fees to be deposited for the period from March 2020 in three instalments, andOn non-payment of the said fees, student(s) may not be allowed to join online classes but they shall not be expelled from the school. Above mentioned Special Appeal Writs came to be filed, challenging above order dated 07.09.2020. Government's 28th October's order Considering the hardship being faced by private schools amid rampant demands to slash school fees, the Jaipur Bench of the Rajasthan High Court had directed the State Government to issue instructions regarding payment of interim fees, latest by October 28, 2020. The State Government vide order dated 28.10.2020 issued following directions:- Collection of school fees after opening of the schools to the tune of 70% of tuition fees by the schools affiliated with the CBSE & 60% from Rajasthan Board of Secondary Education affiliated schools with on the basis of reduction of syllabus by the respective Boards. Before opening of the schools, it was directed that the private schools which are conducting online classes shall be entitled to collect 60% of the tuition fees as "Capacity Building Fees" from the students who are availing the facility of online classes and that too after taking consent of the guardians. Such Capacity Building Fees shall be collected in equal monthly instalmentsThe fees prescribed for the last academic session will not be enhanced. The private schools shall not recover the fees for the facilities which have not been provided by them such as laboratory facilities, sports facilities, extra co-curricular facilities etc. Arguments put forth Arguments advanced by Schools' management The Counsel contended that the State Government has no authority to issue directions regarding collection of fees by the private schools. It was argued that none of the provisions of the Disaster Management Act, 2005 or the Rajasthan Epidemic Diseases Act, 2020 authorizes the State Government to reduce the quantum of fees to be collected by the private schools. Further, it was contended that Section 43 of the Rajasthan Non-Government Educational Institution Act, 1989 provides for making rules regarding school fees but no provision regarding collection of fees has been made under the rules of the Act. It was also contended that the Government did not consider practical situation of most of the schools that they have taken a huge amount of loan to build their infrastructure, they have to pay regular EMIs to repay the loan amount. It was also argued that they have to maintain their infrastructure and the staff so that the same may be available on reopening of the schools. The only source to meet out the expenses is by the collection of school fees. It was also stated that the State Government vide order dated 28.10.2020 substantially reduced the school fees without considering above aspects. Thus, it was argued that all the orders issued by the State Government are without any authority, therefore, liable to be quashed and that the private schools should be allowed to collect the school fees as already determined by them for the previous session of 2019-20. Arguments advanced by State Government The State argued that its directions dated 28th October were issued under the powers conferred on the State Government under Sections 38, 39, 72 and 73 of ...

School Fees During COVID: CBSE & State Board Schools Entitled To Collect 70 & 60 Pct Tuition Fee Respectively: Rajasthan High Court

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