New Delhi: The High Court of Himachal Pradesh has set aside the government order making tuition fees of private schools optional.
The bench of Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua quashed two conditions of the government notification of May 27 and allowed private schools to charge monthly tuition fees and to enforce collection of the same. The past tuition fees due towards the private schools have also been permitted to be realized by them without charging any fine/late fees after giving two months notice.
The bench, however, clarified that a genuine representation of a parent regarding his/her inability to pay the tuition fee due to financial issues arising out of the lockdown shall be referred to the competent authority of the concerned school and the authority shall examine it within one week from the date of representation and a sympathetic decision in accordance with law shall be taken thereupon.
The private schools submitted that apart from tuition fees, they are also entitled to collect the transport charges. The transport charges cover not only the maintenance and fuel of vehicles but also cover the insurance payments, loan installments, taxes, salaries of transport staff. Further, it was submitted that annual charges levied by the schools among others cover repayment of loans taken for building infrastructure of the school and would also be required for carrying out further improvements in the new world viz setting up online educational facilities, payment to software hosts, proposed sanitization of premises on reopening etc.
The bench observed:
“The impugned notifications were issued by the State practically in a state of emergency therefore perhaps principles of natural justice were not complied before their issuance. Further lockdown is gradually being lifted by the State government. The commercial scenario at present is also not the one, which was prevailing few months ago”
The bench hence directed the state to revisit the guidelines imposed on the private schools and a fresh decision to be taken within a period of four weeks.
The matter has been listed for compliance on October 5.
-India Legal Bureau
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