Bombay High Court
Vijay Babasaheb Sale vs The State Of Maharashtra And Ors on 7 March, 2022
Bench: V. G. Joshi
19-PIL.13.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 13 OF 2021
Vijay Babasaheb Sale } Petitioner
versus
The State of Maharashtra }
and Ors. } Respondents
Mr. Sandip Patade for the petitioner.
Mr. P. P. Kakade-Government Pleader with Mr. B. V.
Samant-AGP for State.
Mr. Sandeep V. Marne for respondent nos. 6 and 7.
CORAM: DIPANKAR DATTA, CJ &
VINAY JOSHI, J.
DATE: MARCH 7, 2022
P.C.:
1. This PIL petition dated 7th June 2021 is at the instance of
a public-spirited individual who seeks orders for reduction in
tuition fees charged by schools for the academic years 2019-
2020 and 2020-2021 due to the lock-down imposed by the
Government of Maharashtra, and extended from time to time,
on account of the pandemic caused by COVID-19. The sheet-
anchor of the petitioner's case is the judgment and order
dated 3rd May 2021 passed by the Supreme Court in Civil
Appeal No. 1724 of 2021 (Indian School, Jodhpur & Anr.
vs. State of Rajasthan and Ors.) and other connected
appeals. By such judgment and order, the Supreme Court,
while dealing with similar grievances arising out of the State
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19-PIL.13.2021
of Rajasthan, disposed of a set of appeals on the terms
mentioned in paragraph 117 thereof. The relevant directions
read as follows: -
"117. Ordinarily, we would have thought it appropriate
to relegate the parties before the Regulatory Authority
to refix the school fees for the academic year 2020-21
after taking into account all aspects of the matter
including the advantage gained by the school
Management due to unspent overheads/ expenses in
respect of facilities not availed by the students.
However, that course can be obviated by the
arrangement that we propose to direct in terms of this
judgment. To avoid multiplicity of proceedings (as
school fee structure is linked to school - school wise)
including uncertainty of legal processes by over 36,000
schools in determination of annual fee structure for the
academic year 2020-21, as a one-time measure to do
complete justice between the parties, we propose to
issue following directions:
(i) The appellants (school Management of the
concerned private unaided school) shall collect
annual school fees from their students as fixed
under the Act of 2016 for the academic year 2019-
20, but by providing deduction of 15 per cent on
that amount in lieu of unutilized facilities by the
students during the relevant period of academic
year 2020-21.
(ii) The amount so payable by the concerned
students be paid in six equal monthly instalments
before 05.08.2021 as noted in our order dated
08.02.2021.
(iii) Regardless of the above, it will be open to
the appellants (concerned schools) to give further
concession to their students or to evolve a
different pattern for giving concession over and
above those noted in clauses (i) and (ii) above.
(iv) The school Management shall not debar any
student from attending either online classes or
physical classes on account of non-payment of
fees, arrears/outstanding fees including the
installments, referred to above, and shall not
withhold the results of the examinations of any
student on that account.
J.V.Salunke, PS
19-PIL.13.2021
(v) If any individual request is made by the
parent/ward finding it difficult to remit annual fees
for the academic year 2020-21 in the above terms,
the school Management to consider such
representation on case-to-case basis
sympathetically.
(vi) The above arrangement will not affect
collection of fees for the academic year 2021-22,
as is payable by the students of the concerned
school as and when it becomes due and payable.
(vii) The school Management shall not withhold
the name of any student/candidate for the ensuing
Board examinations for Classes X and XII on the
ground of non-payment of fee/arrears for the
academic year 2020-21, if any, on obtaining
undertaking of the concerned parents/students."
2. It is not in dispute that during the pendency of this PIL
petition, a Government Resolution dated 12 th August 2021 has
been issued, whereby reduction of 15% in tuition fees has
been ordered applicable to the academic session 2021-2022.
3. It is not in dispute that the Government Resolution
dated 12th August 2021 has been challenged in Writ Petition
No. 4633 of 2021 (Association of Indian Schools and Anr.
vs. State of Maharashtra and Ors.) and a coordinate Bench
of this Court, by order dated 25th August 2021, restrained the
respondents in the writ petition from taking any coercive
steps against the petitioners for not implementing the
impugned resolution.
4. It is in such factual background that we are now tasked
to consider the prayers made by the petitioner, reading as
follows: -
"a. That this honorable court may be pleased to
issue appropriate writ or orders or necessary
directions thereby directing the Respondents to
issue necessary orders to the schools to reduce the
school fees to the reasonable extent or this
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19-PIL.13.2021
honorable court thing fit and proper or in that case
upto 50% of the fees decided by the Executive
Committees of the schools in the year 2019-20, for
the academic year 2019-20 and 2020-21
considering the situation of covid 19 pandemic,
b. That this honorable court may be pleased to
issue appropriate writ or orders or necessary
directions thereby directing the schools more
particularly for the jurisdiction of Navi Mumbai
thereby directing to reduce the school fees to the
reasonable extent or this honorable court thing fit
and proper or in that case upto 50% of the fees
decided by the Executive Committee of the schools
in the year 2019-2020, for the academic year 2019-
20 and 2020-21 considering the covid 19
pandemic."
5. As a result of the national lockdown, which was imposed
on 24th March 2020, all activities came to a grinding halt.
However, at the commencement of the academic session
2019-2020 and till almost the last week of such academic
session, there was no threat of the pandemic and, therefore,
we wonder why the petitioner has claimed reduction of fees
for the academic year 2019-2020. We have, therefore, no
hesitation in rejecting the prayer qua the academic year
2019-2020.
6. A grievance is sought to be made on behalf of the
petitioner that the Government Resolution 12th August 2021
does not allow reduction of fees for the academic session
2020-2021. Indeed, it is so; however, sight cannot be lost of
the fact that reduction in fees has been granted by the said
resolution for the academic session 2021-2022 which is not
included in the prayers of the petitioner. We have ascertained
from Mr. Patade, learned advocate for the petitioner that there
is no order of the Supreme Court extending the benefit of
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reduced fees to the subsequent academic session, i.e., 2021-
2022. The Government having granted reduction for one
academic session and there being no challenge at the instance
of the petitioner to the Government Resolution dated 12 th
August 2021 insofar as it does not grant any reduction for the
academic session 2020-2021, we are of the considered view
that the purpose for which this PIL petition was instituted has
worked itself out. Reduction of fees having been granted in
respect of one academic session, the grievance of the
petitioner does not survive.
7. In view thereof, we dispose of this PIL petition. There
shall be no order as to costs.
SALUNKE
JV
Digitally signed
by SALUNKE J V
Date: 2022.03.08
18:33:49 +0530
(VINAY JOSHI, J.) (CHIEF JUSTICE)
J.V.Salunke, PS
