The Division Bench of the Calcutta High Court, comprising Justices I P Mukherjee and Moushumi Bhattacharya in the case of Rajib Chakraborty and Ors. v. The State of West Bengal and Ors. has vacated its earlier order of deduction of 20% of school fees and allowed the schools and other educational institutions to charge fees according to their policy and arrangement with the students.
Background of the Case
The petitioner was a student. By March, 2020 there was a sudden, widespread and most serious onset in our country of the pandemic caused by the Covid-19 virus. Physical education had to be discontinued. It was substituted by online education. Online education generated its own problems. The Petitioner contended that 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
Aggrieved by which the petitioner, filed a PIL before the High Court of Calcutta for seeking directions to deduct the fees for the services which can only be possible in Offline classes.
Reasoning and Decision of the Court
The Court considered the facts of the case and modifies its earlier order which expounds that the schools and other educational institutions could only charge fees for essential services rendered online, with 20% deduction.
Further, the Court considered the present situation of the Covid and paid attention to the Government order that primary and upper primary schools have been thrown open to physical education with effect from 16th February, 2022.
Taking note of the Situation, the Court modifies its earlier interim order and held that :
(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 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 Court listed the application along with the contempt and any other application on 25th March, 2022 for next hearing.
Case Details
Case: - W.P.A.(P) 162 of 2021
Petitioner: - Rajib Chakraborty and Ors.
Respondent: - The State of West Bengal and Ors.
Judge: Justices I P Mukherjee and Moushumi Bhattacharya
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