The July 31 decision has now been shared in court's website where it pointed to 3 clauses of a government resolution (GR) issued on July 16 amid the Covid-19 situation.
"Not allowing schools to collect fees will force many smaller schools to close down permanently while not providing education to students for long will impact their cognitive and social development, the court said. Parents should realise that online education is not a futile effort on the part of the schools," a division bench of Chief Justice Vikram Nath and Justice J B Pardilwala said.
Meanwhile, the schools also need to be aware of the financial crisis being faced by parents, the bench emphasized.
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However, quashing clauses in the GR, the court directed the state government to "make all possible endeavour to strike a balance so as to protect the interest of the parents as well as the management of the private unaided schools".
A "balance has to be struck between providing children a reasonable education and allowing the schools to stay afloat," the judges added.
"The adverse impacts of the situation created by the pandemic need to be shouldered by all stakeholders, and the community as a whole needs to be united in its fight. The resolution and the actions of the state have the effect of dividing sections of the society," the court said.
The Court also pointed out that closing down of smaller private schools will create problems for parents in the long run as they will have to get their children admitted in schools that charge higher fees.
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Earlier Decision Of Gujarat Government
The government resolution had prohibited schools from collecting tuition fees even if they are conducting online classes.
Unions of private schools moved to court against the government's directive. Now, the high court has asked schools can charge tuition fees that will take care of expenditure on salary, establishment, curricular activities and maintenance.
"Teaching is a noble and charitable cause" and hence private schools should not collect tuition fees as long as they remain closed, the GR had said. "Why does the state not take steps to waive the collection of tuition fees by colleges," the court asked.
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