Restraint On Private Schools From Demanding Tuition Fee : SC Issues Notice On Pleas Challenging Uttarakhand HC Order

A Special Bench of the Supreme Court today issued notices on a batch of special leave petitions filed against the order of the Uttarakhand High Court whereby private unaided schools were restrained from demanding tution fee from parents, in view of the lockdown situation. A Bench comprising of CJI SA Bobde, Justice AS Bopanna, and Justice Hrishikesh Roy has issued notices returnable within two weeks on the petitions preferred by Principals Progressive Schools Association and St. Jude's School, Dehradun, who asserted that impugned order is "founded on fundamentally erroneous legal bases." Taking exception to this, the school submitted that payment of fee even for those students who attend online classes, has been made optional or voluntary, which is clearly unreasonable., "The Hon'ble High Court has effectively passed final directions keeping the matter pending only for compliance, and erroneously held that even those students, who are able to access and attend the online classes being offered by the private unaided schools may pay the tuition fee only "if they choose to do so". The private unaided schools have been prohibited from even "sending emails, WhatsApp messages or any form of communication to parents, calling upon them to pay tuition fees". The Order effectively makes attendance of online class and the payment of fees optional, and allows students to avail of online classes without allowing the school to charge tuition fees for such classes," one of the pleas stated.