Can't Charge Students For Unused Facilities Must; Reduce Fees For Online Only Classes: Supreme Court

The judgment concerns around 36,000 private unaided schools, including 220 minority private unaided schools, in Rajasthan according to media reports. 

New Delhi: On Tuesday, the Supreme Court said that school charging students for facilities not availed by them due to online classes amounts to 'profiteering' and 'commercialization'.

As the second wave began, schools were forced to shut down again and classes were moved online. The Supreme Court added “overheads and operational costs so saved would be nothing, but an amount undeservedly earned by the school without offering such facilities to the students." 

The judgment concerns around 36,000 private unaided schools, including 220 minority private unaided schools, in Rajasthan according to media reports. 

The Court reckoned that schools must have saved at least 15% in that way, and hence, they have to give a deduction in annual school fees to that extent. The Court said that the schools "must willingly and proactively" reduce fees to that extent. The SC was hearing an appeal (Indian School, Jodhpur vs State of Rajasthan and others) filed by some private schools of Rajasthan against HC order upholding the Rajasthan government's direction to schools to give a deduction of 30% in fees. Striking down that rule, the SC said that the appellants are justified in challenging the government order. However, that does not give licence to the appellants “to be rigid and not be sensitive about the aftermath of the pandemic." 

On rescheduling fee payment

The bench led by Justice Khanwilkar further noted, that no student must be debarred from attending classed or online on late payment or non-payment of fees.

According to Live Law the court said, "The school Management supposedly engaged in doing charitable activity of imparting education, is expected to be responsive and alive to that situation and take necessary remedial measures to mitigate the hardship suffered by the students and their parents. It is for the school Management to reschedule payment of school fee in such a way that not even a single student is left out or denied opportunity of pursuing his/her education, so as to effectuate the adage "live and let live".

 

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