ASSOCIATION OF UNAIDED CBSE PRIVATE SCHOOLS DRAFT
The Supreme Court today
Bench of Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice Aniruddha Bose observed
The court was hearing an appeal filed by Association of Unaided CBSE School challenging the Madhya Pradesh High Court order dated November 4, 2020 wherein bench of Acting Chief Justice Sanjay Yadav and Justice Rajeev Kumar Dubey had issued the following directions:
(i) the unaided private institution shall ensure that the students of all ranks are not deprived of the quality education/learning by adopting digital/online education platform evolved by the Government of India under caption “Pragyata” (Guidelines for Digital Education, MHRD dated 14.07.2020) by adopting synchronous or asynchronous method of online learning and teaching.
(ii) Though the Schools are presently closed and there are no extra-curricular activities; however, the expenses on teaching and non-teaching staff/employee are to be meted out and since these private unaided educational institutions do not receive funds from the Government and are entirely dependent on fees to meet out the salaries of teaching and non-teaching staff and other daily expenses, the students/parents shall pay the Tuition Fee as per order dated 01.09.2020 which shall not be inclusive of Library Fee, Reading Room Fee, Games Fee, Laboratory Fee, Computer Fee, Practical Fee, Examination Fee (subject to if the examinations are not held) and Fee for programs organized on occasions such as National Festivals, Annual Function, Sporting Events, Development Fees.
(iii) Though there exits District and State Committee for regulating fee and related issues, constituted under sub-section (1) of Section 7 and sub-section (1) of Section 11 of the Madhya Pradesh Niji Vidyalaya (Fees Tatha Sambandhit Vishayon Ka Viniyaman) Adhiniyam, 2017 (for short, ‘Adhiniyam, 2017’), to regulate the increment in fee. However, taking into consideration the fact that the entire physical activities in the schools are at stand still and the teaching are imparted through virtual mode; therefore, we direct that there shall not be the increment in fee for Session 2020-21. Subject to that, when the situation normalize i.e. when the Government declares that the Pandemic is over and the Schools return to normal physical functions, the District Committee shall within thirty days from such declaration take decision as to increment of fees for the remaining period of academic session 2020-21 as per the stipulation contained in sub-section (2) of Section 5 of the Adhiniyam, 2017.
(iv) Salaries of teaching and non-teaching staff shall be regularly paid on the due date. In case if any reduced salary is paid, the reduction shall not be more than 20% and arrears towards reduced amount shall be paid with the restoration of normalcy in six monthly equal installments.
Case Title: Association of Unaided CBSE Schools v State of Madhya Pradesh & Ors| SLP(C) No. 7240/2021