The Allahabad High Court has directed to pay back the school fee deposited in the private schools by 15 percent during the Covid-19 pandemic period.
The Division Bench of Chief Justice Rajesh Bindal and Justice J. J Munir passed this order while hearing a PIL filed by Adarsh Bhushan.
The bunch of petitions were filed during the COVID-19 pandemic, raising an issue regarding demand of school fees and other charges by the schools in which the students were studying in various classes. From time to time, different instructions had been issued by the State to be followed by the schools.
The grievance raised by the petitioners is that certain facilities were not provided during the COVID-19 pandemic hence they are not liable to pay for that. The expenses incurred were not commensurate to the physical classes held in schools. Hence, they are not liable to pay the same school fee as used to be paid during Session 2019-20.
The Court noted that,
At the time of hearing, reference was made to a judgment of the Supreme Court in Indian School, Jodhpur and another v State of Rajasthan and others (2021) 10 SCC 517 in which the issue regarding charging of fee by the schools during the COVID-19 pandemic for the year 2021 was considered by the Supreme Court.
In the judgment, it has been observed that instead of relegating the parties to any regulatory authority to refix the school fee for the academic year 2020-21, to balance the equities and avoid multiplicity of proceedings, as a one-time measure to do complete justice between the parties, direction was issued that for the academic year 2020-21, fee payable by the students shall be 15% less than what was paid for the academic year 2019-20. If any excess had been paid, the same is adjustable in fee to be paid in future.
Counsel for the parties agreed that a bunch of writ petitions may be disposed of in terms of directions issued by the Supreme Court in Indian School’s case (supra).
It is made clear that in case any fee has been paid in excess of what has been determined by the Supreme Court in the aforesaid judgment, in the case of the students still studying, the same may be adjusted in the fee to be paid in future, the Court said while disposing the petitions.
“In case of students who have passed out or left the school, the amount may be calculated and returned to those students. Let the entire exercise be done within two months of date”, the Court ordered.