Item No.15
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.269 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. On the last date of hearing, learned counsel for the
appellant/writ petitioner was directed to inform the court as to whether
the tuition fee bill raised by the school on the parents of the 219
students, who have been deprived of the online classes in the current
academic year had been paid or not and if so, to indicate the extent of
the arrears. Respondents No.3 to 5/schools were also directed to
inform the court as to whether the school is in compliance of the order dated 03.05.2021, passed by the Supreme Court in Indian School, Jodhpur & Anr. v. State of Rajasthan & Ors (Civil Appeal No.1724 of 2021). In the meantime, learned counsel for the respondents No.3 to 5/Schools were restrained from denying online access to any of the students whose tuition fee had remained pending or payable, for any reason.
2. Instead of filing the information regarding the outstanding fee payable by the 219 students for the current academic year, learned counsel for the appellant states that he has filed a tabulated statement of the arrears of the fee payable by the said students for the academic year 2020-21. On specifically enquiring from him as to whether he W.A.No.269 of 2021 Page 1 of 3 can confirm that the 219 students who have been permitted to log into the online classes, have paid any part of the tuition fee for the current academic year, he admits that their fee has not been paid for the current academic year, that has commenced in the month of July, 2021. He assures the court that the monthly tuition fee shall be paid by the parents soon. He also requests that the school may be bound down to the offer of concession of Rs.10,000/- in the tuition fee for the current academic year.
3. Mr. S. Ravi, learned Senior Advocate appearing for the respondents 3 to 5/Schools states that the school is willing to waive off the tuition fee of the aforesaid students for the month of July, 2021 which will be well over Rs.10,000/- that has been offered as a concession by the school, but the parents of the 219 students who are in default, may be called upon to pay up the tuition fee from the month of August, 2021, on a regular basis.
4. Ordered accordingly. The tuition fee shall be deposited by the parents of the 219 students with the school, effective from the month of August, 2021, on a regular basis.
5. As regards application of G.O.Ms.No.46 dated 21.04.2020, Mr. S. Ravi, learned Senior Advocate appearing for the respondents No.3 to 5/Schools submits that the grievance of the appellant that the school is not following the said G.O, has been adequately addressed. He assures the court that the school shall comply with the said G.O in letter and spirit by charging only the tuition fee on a monthly basis, for the academic year 2020-21.
W.A.No.269 of 2021 Page 2 of 3
6. While binding the respondents No.3 to 5/Schools to the aforesaid statement, it is directed that in the first round, the arrears of tuition fee for the academic year 2020-2021, upto a sum of Rs.30,000/- shall be cleared by the defaulting parents on or before 31.07.2021. After depositing the aforesaid amount, the remaining outstanding arrears shall be divided and cleared in two equal instalments. The second instalment shall be paid on or before 31.08.2021 and the third and final instalment, on or before 30.09.2021.
7. The present appeal is accordingly disposed of along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 13.07.2021 JSU/PLN W.A.No.269 of 2021 Page 3 of 3