School Fees During Covid-19: Allahabad HC Orders 15% Rebate In Fees Paid During 2020-21
The pleas were filed by the aggrieved parents who argued that since in the year 2020-21, no service except online tuition was provided in private schools, therefore, demand of the same fee as the previous year was not just.
In the bunch of petitions filed by aggrieved parents seeking regulation of fees in all government and private schools in Uttar Pradesh, the Allahabad High Court on Monday ordered a rebate of 15% on the school fee paid during the academic session 2020-21.
Court directed that if the school fee was not paid in terms of directions issued by the Supreme Court in Indian School’s case, the excess shall be adjusted or returned to the parents.
The petitions were filed during the Covid-19 pandemic. The argument of the petitioners was that since the school classes were running online during the pandemic and certain facilities were not being provided, therefore, demand of same school fee as was paid during Session 2019-20 was not just.
The petitioners' counsel Advocates Shashwat Anand and Yanendra Pandey also made reference to the judgment of the Top Court in Indian School, Jodhpur and another v. State of Rajasthan and others (2021).
The counsel submitted that in the aforementioned case, the Supreme Court considered the issue of charging of fees by the schools during the Covid-19 pandemic for the year 2021.
The Top Court, instead of relegating the parties to any regulatory authority to refix the school fee for the pandemic period, had issued a direction, as a one-time measure, for the academic year 2020-21 that fee payable by the students shall be 15% less than what was paid for the academic year 2019-20.
The Top Court had also directed that if any excess had been paid, the same would be adjustable in fee to be paid in the future.
The petitioners' counsel submitted that their petitions could also be disposed of in terms of the ruling of the Top Court.
Accordingly, the high court ordered that if the schools had charged fees in excess of what had been determined by the Supreme Court during the year 2020-21, they will have to calculate 15% of the total fees charged and adjust the same in the academic next session.
If the students are still studying, it will be adjusted in the fee to be paid in the future and if the students have passed out then the excess amount be calculated and returned, Court ordered.
Court directed the whole exercise to be done within two months of the date of the order.
Case Title: Adarsh Bhushan v. State of U.P. and Other Connected matters