The Calcutta High Court recently comprising of a bench of a division bench of Justice IP Mukherji and Justice Moushumi Bhattacharya ruled that the 20 percent Covid 19 discount on school fees offered to students will end on February 16 considering reopening of schools and resumption of physical classes in the state. (Rajib Chakraborty and Ors v. The State of West Bengal and Ors)
The court said that in cases where there were disputes — either on paying school fee arrears or over non-payment of fees — parents must clear 50% of their dues by March 15. It also directed schools not to take any action against students for non-payment of fees till March 31.
Facts of the case
A bunch of PILs was filed by aggrieved parents seeking a partial remission of school fees for the session 2021-2022 due to the ongoing pandemic owing to which students are attending schools only through virtual mediums.
Contention of the Parties
On one hand, the students or their parents/guardians complained that the schools and other educational institutions continued to charge them fees that were disproportionately high considering the type of education imparted online. They said that although physical education had been discontinued, the schools and other educational institutions were charging them for facilities and services which could only be rendered when education was physical.
On the other hand, the management of a body of schools and other educational institutions was aggrieved by non-payment or short payment of fees by the students.
It was alleged on behalf of the students that services rendered by those institutions were much reduced by the online mode, and the parents/guardians were suffering economic hardship caused by the pandemic. Hence, fees should be reduced.
Courts Observation and Judgment
The bench taking note of the issue raised observed, "By the order of this bench dated 13th October, 2020, directions were made for smooth conduct of education in schools and other educational institutions covered by this litigation during this period. The most important part of it was that the schools and other educational institutions could only charge fees for essential services rendered online, with 20% deduction."
As the situation stands today, there is substantial remission of the effects of the pandemic. Life in all spheres has become substantially normal. In fact by the notification of the State Government dated 14th February, 2022, even primary and upper primary schools have been thrown open to physical education with effect from 16th February, 2022.
Therefore, from now, education in all the schools and other educational institutions covered by this public interest litigation would be physical."
The bench taking note of this situation and after having heard learned counsel appearing for the respective parties were of the view that the interim orders which are operating need to be further modified to the following effect:
(a) With prospective effect from 16th February, 2022, that part of our order permitting deduction of 20% of school fees shall stand vacated.
(b) The schools and other educational institutions shall be permitted to charge fees according to their policy and arrangement with the students.
(c) Up to 28th February, 2022, subject to (d) below students shall pay the school fees according to the interim orders made by us prior to this day, for online classes.
(d) In case of any dispute between the school fees claimed and the school fees payable according to a student for the period up to today, 50% (fifty per cent) of the demand by the school or the admitted amount by the student, whichever is higher, has to be paid without prejudice to the rights and contentions of the parties in this litigation, by 15th March, 2022. Our earlier interim order with regard to payment of the disputed amount stands modified to this extent.
(e) Till 31st March, 2022 or until further orders, whichever is earlier, no coercive action like expulsion of any student from the school, withholding of admit card to sit for any Board or school examination, withholding of mark-sheets or certificates on the ground of default in payment of school fees, shall be taken by the schools or other educational institutions covered by this litigation against any student.
The matter will be next heard on March 25.
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