HC: Suspension of School Students due to non-payment of Tuition Fee dues amounts to Abrogation of Right to Education (Read Order)

The Punjab and Haryana High Court has passed an order wherein it was stated that the right to education cannot be abrogated even if the parents fail to submit the tuition fees of their ward.  The name of the concerned pupils will not be struck off by the school administration and hence there can be no intervention whatsoever with their right to education enshrined in the Constitution of India under Article 21- A.

Grounds of the PIL

A PIL was preferred by Pankaj Chandghotia  before the High Court on the ground that amid the lockdown the schools were closed and the schools are not suffice to run themselves without the fees is unreasonable because as far as private schools are concerned they had received the fees on prior basis i.e. before the lockdown began.  Thus, schools have ample amount of fund to run their administration. However, for the parents it is as of now an extra burden, seeing the present economic situation. The PIL thus prayed for grant of relaxation to the parents amid lockdown.

Reasoning of the Court and Decision 

The High Court stated that clause 4 of the instructions issued by the Chandigarh Administration on May 18^th clearly mentions that no names will struck off or removed by the School administration on non-submission of tuition fee of any child by their parent. The Court further made a provision that the parents who are not able to submit the tuition fee should first and foremost in writing inform the concerned school administration, and if the school administration pays no heed to their concern, then the parents can eventually lodge their complaint with the Fee Regulatory constituted by the administration in the matter of private schools. Even then if no action is taken in this regard by the school, the authority will take action within 15 days, the high court said. The PIL was thus entertained and disposed by passing the above mentioned order.

Case Details:

Before: Punjab and Haryana High Court

Bench: Hon’ble the Chief Justice Ravi Shanker Jha and Hon’ble Mr. Justice Arun Palli

Parties: Pankaj Chandgothia Petitioner v Chandigarh Administration and others

Case No. CWP-PIL No. 58 of 2020 (O&M)

Date of decision: 02.06.2020

Read Order @LatestLaws.com