Supreme Court Directs Rajasthan Private Schools To Give 15% Deduction In Annual School Fees; No Student To Be Debarred For Non-Payment Of Fees

The Supreme Court has permitted the private unaided schools in Rajasthan to collect annual school fees from their students as fixed under the Rajasthan Schools (Regulation of Fee) Act 2016, for the academic year 2019-20.The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari, however, directed the schools to provide deduction of 15 per cent on that amount in lieu of unutilised facilities by the students during the relevant period of academic year 2020-21."The appellants (school Management of the concerned private unaided school) shall collect annual school fees from their students as fixed under the Act of 2016 for the academic year 201920, but by providing deduction of 15 per cent on that amount in lieu of unutilised facilities by the students during the relevant period of academic year 2020-21", the Court ordered in the case Indian School, Jodhpur Vs. State Of Rajasthan and connected cases.The Private School Managements had approached the Apex Court challenging the Government orders regarding deferment of collection of school fees including reduction of fees limited to 70 per cent of tuition fees by schools affiliated with the Central Board of Secondary Education and 60 per cent from the schools affiliated with Rajasthan Board of Secondary Education, in view of reduction of syllabus by the respective Boards due to aftermath of pandemic (lockdown) from March 2020. The High Court had upheld the Government order.The following directions have been issued:The amount so payable by the concerned students be paid in six equal monthly instalments before 05.08.2021 as noted in our order dated 08.02.2021.Regardless of the above, it will be open to the appellants (concerned schools) to give further concession to their students or to evolve a different pattern for giving concession over and above those noted in clauses (i) and (ii) above. The school Management shall not debar any student from attending either online classes or physical classes on account of nonpayment of fees, arrears/outstanding fees including the installments, referred to above, and shall not withhold the results of the examinations of any student on that account.If any individual request is made by the parent/ward finding it difficult to remit annual fees for the academic year 202021 in the above terms, the school Management to consider such representation on case to case basis sympathetically The above arrangement will not affect collection of fees for the academic year 2021-22, as is payable by the students of the concerned school as and when it becomes due and payable. The school Management shall not withhold the name of any student/candidate for the ensuing Board examinations for Classes X and XII on the ground of nonpayment of fee/arrears for the academic year 202021, if any, on obtaining undertaking of the concerned parents/students.BackgroundIn 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). These orders of the State Government were challenged by filing writ petitions before Rajasthan High Court. The single bench of the High Court 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, and On 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.While the Writ Appeals were pending, 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 instalments The fees prescribed for the last academic session will not be enhanced. The...

Supreme Court Directs Rajasthan Private Schools To Give 15% Deduction In Annual School Fees; No Student To Be Debarred For Non-Payment Of Fees

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