The Calcutta High Court Bench comprising Justice Justice IP Mukherji and Justice Moushumi Bhattacharya while dealing with the PILs regarding remission of fees ordered that a 20 per cent reduction in fees charged by private schools will come to an end on March 15, 2022, owing to the abatement of the pandemic and the resumption of substantial normal activities.
Background
The present PILs were 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. The Bench vide its order dated October 13, 2020, had reduced the fees charged by private schools in the State by 20% due to the ongoing pandemic situation.
Order of the Court
Court ordered that,
"With the Covid-19 pandemic showing signs of abatement and with the resumption of substantial normal activities in the new-normal period, the time has come to assess how our order dated 13th October, 2020, as modified from time to time, should be further adapted to suit the changed conditions".
After hearing learned counsel for the parties, Court gave the following directions:
15th March, 2022 is fixed as the cut-off date till when the present arrangement for the students to pay 80% fees for essential service rendered by the schools/educational institutions, as directed by the order dated 13th October, 2020, shall continue.
From 15th March, 2022, the schools/ educational institutions covered by this litigation shall re-admit all the existing students in their rolls, except those who are expected to leave the school by taking a board examination, specifying the type of instruction to be imparted – online, offline or hybrid.
Before re-admitting the students the school shall send to his or her parents or guardians an estimate of fees and additional charges for compulsory facilities to be provided and service to be rendered, by 15th February, 2022. Optional facilities shall also be indicated together with an indication of the charges.
A student shall be allowed to resume classes after 15th March, 2022 only if the fees and charges specified by the school are paid.
Considering the controversy created regarding non-payment of fees, from now on fees and charges shall be paid in advance for each month. In furnishing its estimate for fees and other charges, the school shall specifically indicate the mode of instruction, i.e. online or offline for which those fees and charges are demanded.
It is made clear that those students who intend to take the board examination must deposit with the school by the due date fixed by each school the registration fee required by the board. If such a registration fee is not paid, the school shall have no obligation to send up the name of the student for the board examination.
All other directions contained in our earlier orders, shall continue till 15th March, 2022.
All allegations pertaining to non-compliance of the earlier orders and other related issues shall be dealt with by this court on the adjourned date.
All the applications are listed for further consideration on 14th January, 2022 at 2.00 P.M.
Case Details
Case Title: Rajib Chakraborty & Ors. v. State of West Bengal & Ors
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