The Kerala high court, overwhelmed with chagrin, called out CBSE for ‘washing off its hand’ when the board refused to act on the court’s previous directions in the matter of high fees charged by the schools affiliated to the board.

The Single Judge Bench of Justice Devan Ramachandran while considering the petitions against high fees charged by the schools displayed its disappointment by calling out the stand of the CBSE regarding the situation. The court in its order dated 20/11/2020 had directed the CBSE to go through the accounts of the schools to find out about the surplus or profit that schools were made in due to the high fees charged by them even in these trying times. However, the board took the stand that it was unable to verify the accounts of the schools due to its ‘position’ but the board showed its willingness to issue a circular regarding the issue. The court remarked that it was ‘distressing’ that the board haven’t already issued the circular and also criticized the stand of the board and commented “the CBSE appears to be washing their hands off completely from the issue at hand and placing it squarely on the shoulders of the Government of Kerala, asserting that the Affiliation Bye-laws provide for the Government to make provisions with respect to the fee structure and such other matters, relating to the affiliated Schools.” Since the board has refused to take any action as per the court’s direction, the court asked the government to create a mechanism for implementing the circular. The court also told the board not to issue any circular and said “I do not require the CBSE to now issue any further circular since even if they do so, they themselves admit that they are powerless to enforce the same. I do not, therefore, want the CBSE to do something which is nothing but an empty formality, wasting precious resources and nothing more.”

the court also directed the petitioners to pay the first term fee of the schools and said “It is needless to say that it was made clear in the order dated 20.11.2020 that the first term fees will be paid by all the petitioners and parents within the time specified therein; and if they have not done so, obviously, the benefit of the earlier interim orders of this Court will stand vacated as far as they are concerned” however the court gave the parents time for payment of first term fees till the next posting as ‘the last indulgence’.

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Pranay Lakhanpal