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The Supreme Court Rules In Favour Of Educational Institutes In The Matter Of School Vs State
In an official ruling by the Supreme Court on 3rd May 2021, the Rajasthan Government’s orders regarding the collection of only 70% for CBSE and 60% for RBSE school fees, get overturned
In the wake of COVID-19 all sectors of the world saw a steep dip in the economy, many tried to swim the tough tides and many failed. One such sector that witnessed a rapid withering of resources and still strived to stand tall is the education sector. The unsung soldiers in this fight for complete literacy of our country shed blood and sweat while smiling all along for their beloved students and continued to educate them online.
The education field was struck hard when the Rajasthan State Government deferred the collection of school fees for 3 months by the private schools. The deferment of collection of fees was extended till the opening of the schools with the stipulation that the name of any student shall not be struck off for non-payment of school fees.
These orders of the State Government were challenged by filing writ petitions before Rajasthan High Court. Rajasthan High Court allowed the collection of school fees after the opening of the schools. But only 70% of tuition fees by the schools affiliated with the CBSE and 60% for schools affiliated with RBSE was permitted.
A petition was submitted with the Supreme Court, the case of Indian School, Jodhpur Vs. State Of Rajasthan and connected cases. The Supreme Court on 3rd May 2021 officially allowed the schools to charge the requisite fees.
The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari gave a decision that allowed all schools, regardless of affiliation, to collect annual school fees from their students as fixed under the Act of 2016 (Regulation of Fee) for the academic year 2019- 20. The court also decided that since many facilities were not availed by students during online learning there shall be a deduction of 15% on that amount.
The amount so payable by the concerned students to be paid in six equal monthly instalments before 05.08.2021 as noted in the Supreme Court’s order dated 08.02.2021.
The Supreme Court has allowed any further concessions by the schools for their students or to evolve a different pattern for giving concessions to be decided by school managements as deemed fit.
It has been asked for the school management to 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. Additionally, to not withhold any results of any examinations on that account.
The collection of fees for the academic year 2021- 22 shall not be affected and will be payable, as is, by the students of the concerned school as and when it becomes due and payable.
The schools are not to 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.