Schools can refuse online class ID if parents can’t prove financial difficulty: HC

Justice Jayant Nath -- who was hearing a plea challenging a Delhi government circular directing schools not to deny ID and password for online classes to students who did not pay fees due to financial constraints -- also said the schools are free to issue notice to parents who defaulted in payment of tuition fees for more than two months.

If parents are unable to satisfy the school regarding their financial difficulties, the school authorities can refuse to provide their wards ID and password for online education facilities, the Delhi high court has said.

The court said if parents are able prove their financial problems, then no action should be taken against their kids. photo:pradeep gaur/mint

Justice Jayant Nath -- who was hearing a plea challenging a Delhi government circular directing schools not to deny ID and password for online classes to students who did not pay fees due to financial constraints -- also said the schools are free to issue notice to parents who defaulted in payment of tuition fees for more than two months.

The court said if parents are able prove their financial problems, then no action should be taken against their kids.

“In case the parents are able to convince/demonstrate to the petitioner (school) about their financial problems/financial incapacity to immediately pay pending fees, the petitioner shall not take any further steps for the time being against such parents,” the court said.

“Where parents are unable to satisfy/demonstrate to the petitioner (school) regarding their financial difficulties, the school is free to so communicate the same to the parents and decline to provide them ID and Password for online education facility for the students,” the court said in its order passed on July 8.

The court also said if parents have any grievance against such an order passed by school, they can approach the appropriate authority of the Delhi government.

The court sought the government’s response on a plea filed by a private school through its counsel Romy Chacko, challenging its April 18 circular that says only tuition fees shall be charged from parents during the lockdown.

Appearing for the Delhi government, its counsel said that according to the April 18 circular, schools are free to take steps, including issuing notice to parents of students who defaulted in payment of tuition fee.

“An opportunity may be given to the parents to explain if they are suffering from any financial crisis. In case such parents are not able to satisfy/demonstrate the school regarding their financial problems, it is only in that eventuality that steps can be taken as per law by the school,” the counsel told the court.

Following this, the court issued a slew of directions and posted the matter on August 15 for further hearing.

Advocate Chacko said many students were “taking unfair advantage” of the circular’s provisions. About 40% students are defaulting in payment of tuition fee, resulting in a grave financial crisis to the institution that is “struggling to pay salaries of the staff and teachers”.

The school urged the court to allow it to charge the actual expenditure incurred by it during the lockdown period in the form of fees from students.