Cancellation Of Exams, Conduct Of Online Classes, School Fees : How Supreme Court Dealt With Students' Issues In 2021

The second wave of the COVID pandemic hit the student community hard. Faced with the unprecedented crisis, student community knocked the door of the Supreme Court seeking various reliefs in relation to conduct of physical classes, exams, fees etc.Let us see how Supreme Court dealt with the students' issues in 2021.Schools Have Saved Operational Costs During Lockdown; Can't Charge Students For Unused Facilities In Indian School, Jodhpur Vs. State Of Rajasthan, the Supreme Court held that private schools demanding fees from students for the activities and facilities not availed by them due to the lockdown amounts to 'profiteering' and 'commercialization'.Taking judicial notice of the fact that classes have been held online during the last academic year, the Supreme Court observed that schools must have saved on overheads and operational costs. The Court reckoned that schools must have saved at least 15% in that way, and hence, they have to give a deduction in annual school fees to that extent. The Court said that the schools "must willingly and proactively" reduce fees to that extent.Schools At Liberty To Take Appropriate Legal Action To Recover Outstanding Fee From StudentsIn October, the Supreme Court permitted the School Managements to initiate appropriate action in accordance with law for recovery of the outstanding fees from students who have defaulted.A Bench comprising Justice AM Khanwilkar and Justice CT Ravikumar has left it open to the School Management to consider the requests, if any, made by parent or ward seeking some indulgence for just reasons, compassionately. The direction has been issued in a miscellaneous application filed seeking clarification that the Supreme Court's directions issued through its order dated 3rd May 2021 did not prohibit the schools from taking coercive action against the students who have failed to pay the instalments as per the arrangement predicated in that judgment.'Uncertainty Affecting Students' Psychology' : Supreme Court Dismisses Pleas Against Cancellation Of CBSE/ICSE Class 12 ExamsThe Supreme Court in Mamta Sharma v Central Board of Secondary Education and others on June 22, 2021 had said that it would not interfere with the decisions taken by the CBSE and ICSE boards to cancel the physical examinations for Class 12.A vacation bench comprising Justices AM Khanwilkar and Dinesh Maheshwari dismissed a bunch of petitions which had challenged the cancellation of exams observing that the decision was "well-informed" and was taken at the "highest level" to protect the welfare of over 20 lakh students.The Supreme Court also upheld the schemes for assessment formulated by the CBSE and ICSE, observing that they were decisions of experts in the field, on which there cannot be a "second guess" by the judiciary. The bench held that there is no reason to interfere with the schemes of CBSE and ICSE, as they were "fair and reasonable and take into account the concerns of all students and are in the larger public interest".Also Read: 'Fair & Reasonable': Supreme Court Refuses Interference With CBSE, ICSE Schemes For Class 12 AssessmentSupreme Court Directs State Boards To Notify Assessment Scheme For Class XII Within 10 Days; Sets July 31 Deadline For ResultsWhile hearing a PIL filed by Advocate Anubha Sahai Srivastava seeking cancellation of state board exams amid COVID situation, the Supreme Court in Anubha Shrivastava Sahai and others vs Union of India and others directed state boards to notify their respective schemes for assessment for the cancelled Class 12 physical exams within 10 days from June 23, 2021."We're passing a General order for all boards. We direct the Boards that schemes be formulated and notified in 10 days from today and also declare the internal assessment results by 31st July, like the timeline specified for CBSE and ICSE," a vacation bench comprising Justices AM Khanwilkar and Dinesh Maheshwari had ordered.CA Exams -No RTPCR Needed For Opt-Out; Student Can Opt-Out For COVID Related Difficulties Of Oneself Or Family Members The Supreme Court on June 30, 2021 in Anubha Shrivastava Sahai vs Union of India and others had directed the Institute of Chartered Accountants of India(ICAI) to give "opt-out" option to a candidate in the CA exams, scheduled to start from July 5, on account of COVID-related difficulties for herself or her family members, on the basis of a medical certificate issued by a registered medical practitioner.The bench of Justices AM Khanwilkar, Dinesh Maheshwari and Aniruddha Bose also did away with the ICAI's requirement of producing an RT-PCR certificate for seeking "opt-out" option.However, on November 29, 2021 the Top Court bench of Justices AM Khanwilkar and CT Ravikumar had declined to entertain an application seeking directions to the Institute of Chartered Accountants of India(ICAI) to provide measures such as 'Opt Out' option for symptomatic students without insisting on the RT-PCR test for the...

Cancellation Of Exams, Conduct Of Online Classes, School Fees : How Supreme Court Dealt With Students' Issues In 2021

Shruti Kakkar

How Has Supreme Court Come To Rescue Of Students In 2021

Cancellation Of Exams, Conduct Of Online Classes, School Fees : How Supreme Court Dealt With Students' Issues In 2021

Shruti Kakkar

​​​​How Has Supreme Court Come To Rescue Of Students In 2021

How Has Supreme Court Come To Rescue Of Students In 2021