Rajasthan HC allows the School to collect 70% of tuition fees in 3 installments

Writ Petitions were filed before the Rajasthan High Court for the School fees after the issuance of the Certain guidelines:

1. After 15th March 2020, collection of all outstanding dues, current applicable fees, and advance fees shall be deferred for a period of three months in respect of all students studying in nongovernmental institutions. During this period, the names of students shall not be struck off for non-governmental institutions. During this period, names of students shall not be struck off for non-payment of such fees;
2. In case the students continue to receive education from such non-governmental institutions than the deferred fees for the session 2020-21 could be paid after such suspension period;
3. On the completion of the lockdown period if the students desire to obtain a transfer certificate from such schools then the transfer certificates may be issued after payment of the fees 2019-20 and on obtaining no-dues certificate thereof.

A present Writ Petition is filed challenging these guidelines

State Government Contentions

Counsel appearing on behalf of the state submits that;

1. While the Disaster Management Act, 2005 may provide powers to the State Disaster Management Authorities for taking decision and for laying down the policies and plans for Disaster Management in the State, but the said powers could be exercised only in accordance with the provisions of the Act of 2005.
2. there has already been a deferment of fees for a long period of almost six months and the schools required to maintain the infrastructures and also pay salary to its staff, which includes non-teaching and teaching staff and are facing great hardship and therefore, by interim arrangement at least tuition fees be allowed to be collected from students.
3. As per the provisions of the Rajasthan Non-Government Educational Institutions Act, 1989 and the Rules framed therein, it is binding for the institution(s) to pay regular salary to its staff even during the lock-down period.

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Petitioner Contentions

Counsel appearing for the petitioner pointed out that first session of online classes is already over and the class room examination of the students has also been conducted online and the studies are going on seriously in all the schools. The teachers are putting their labour, however, the School Management is finding it very difficult to pay the salary to the teaching staff.

The petitioner submitted that all the students are taking benefit out of the online classes being run by the schools and it cannot be said that the students are not being provided education for their classes during this pandemic

Advocate General Contentions

Additional Advocate General appearing for the State-respondents submitted before the Court that the schools are bound to provide free education to its students upto the elementary level i.e. upto the age of 14 years in terms of the provisions of the Right to Education Act. The tuition fees can only be charged, when actually the teachers are teaching the students in the classes and the same cannot be charged on the basis of teaching being done online.

Rajasthan High Court Finding and Judgment

The Rajasthan High Court in its findings stated that the “there are myriad issues involved in the present batch of the writ petitions, which are required to be examined finally; at this interim stage, this Court finds that a balance is required to be struck between financial difficulty of the school management relating to release of the salary of the staff and minimum upkeep of school on one side and the financial pressure, which has come on the parents due to the pandemic and lock-down as noticed above.”

The Court notices that total infrastructure cost, which the school may incur for the regular studies during normal days, has been definitely reduced day to day schools are not opening. It is noticed that the tuition fees is assessed on the basis of the infrastructure expenditure including staff salary and operation cost incurred by the schools in terms of the provisions of the Rajasthan Schools (Regulation of Fee) Act, 2016,.

 The Court in its Judgment stated that the “Court by an interim measure and till the situation gets normalized, directs the school authorities to allow the students to continue their studies online and allow them to deposit 70% of the tuition fees element from the total fees being charged for the year. The said 70% of the tuition fees shall be paid for the period from March, 2020 in three installments to the respective schools.

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