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Adjust 15pc fee charged during Covid period in 2020-21 session: Allahabad HC to U.P. schools
The Allahabad high court on Monday (Jan 16) directed that 15 percent fees charged during the said period be adjusted in fees to be paid in future
While hearing a bunch of petitions filed by aggrieved parents from all over the state seeking regulation of fees charged by Uttar Pradesh schools during Covid period i.e. 2020-21 session, the Allahabad high court on Monday directed that 15 percent fees charged during the said period be adjusted in fees to be paid in future.
The court has given two-months’ time to Uttar Pradesh schools to complete the process. Now, all the schools across the state will have to calculate 15 percent of the total fees charged during 2020-21 and adjust the same.
As far as the students who have left the schools are concerned, 15 percent of the said fees will have to be refunded to them. A division bench comprising Chief Justice Rajesh Bindal and Justice JJ Munir passed this order on January 6 while disposing of a public interest litigation (PIL) petition filed by one Adarsh Bhushan and other petitions.
The counsel for the petitioners had taken the plea that the fee is a matter of quid pro quo, meaning thereby a favour or advantage granted in return for something. As no service except online tuition was provided in private schools in 2020-21, thus charging even a single rupee over and above the tuition fee by private schools is nothing but profiteering and commercialisation of education, the counsel said.
In support of their contention, they also cited the recent judgment of the apex court in Indian School, Jodhpur and another versus State of Rajasthan and others (2021) case ruling that private schools demanding fees without providing any services amounts to profiteering and commercialisation of education.
The aforesaid bunch of petitions were filed during the pandemic, raising an issue regarding demand of school fees and other charges by the schools in which the students were studying in various classes. From time to time, different instructions were issued by the state government, which were required to be followed by the schools.
The main grievance raised by the petitioners was that certain facilities were not provided during the pandemic hence they were not liable to pay for that period. The expenses incurred were not commensurate to the physical classes held in schools. Hence, they were not liable to pay the same school fee as used to be paid during 2019-20 session, the petitioners said.
