Uttarakhand High Court Upholds GO Directing Private Residential Schools To Only Charge Tuition Fees During COVID-19 Lockdown
Live LawReiterating that commercialization and profiteering in education are impermissible, the Uttarakhand High Court upheld the State Government's 2021 orders regulating fees of private unaided residential schools during the COVID-19 pandemic, directing the institutions to charge only tuition fees. “In view of the emergent situation, which had arisen due to Covid-19 Pandemic and the lockdown-imposed consequent thereto, State Government was justified in issuing necessary directions to the private unaided residential schools not to charge fee for services, which were not availed of by the students during the period when the school/ hostel were closed and classes were conducted online,”, the division bench of Justice Manoj Kumar Tiwari and Justice Pankaj Purohit said. Pai Foundation had said that "though the fee can be fixed by educational institutions and it may vary from institution to institution, depending upon the quality of education provided, however, commercialisation is not permissible; and in order to ensure that the educational institutions are not indulging in commercialisation and exploitation, the Government is equipped with necessary powers to take regulatory measures and to ensure that the private unaided schools play vital and pivotal role in spreading education and not in making money". In view of the emergent situation, which had arisen due to Covid-19 Pandemic and the lockdown imposed consequent thereto, State Government was justified in issuing necessary directions to the private unaided residential schools not to charge fee for services, which were not availed of by the students during the period when the school/ hostel were closed and classes were conducted online,” the court held.