The supreme court has refused to interfere with an order of the Uttarakhand High Court remarking that students of unaided private schools cannot be forced to pay School fees of the lockdown period.
Advocate represented a large no of Schools in SC
Chief Justice S A Bodbe told advocate Zoheb Hussain that, “We will not entertain the appeal challenging the order issued by the State Government.”
Advocate Zoheb Hussain representing a large number of private schools aggrieved by the High Court order.
Principal progressive Schools Association and St. Jude’s, Dehradun filed a special leave petition (Appeal) against the Uttarakhand High Court order.
Students may pay tuition fees if they wish to do so
High Court said, “Only those students would be required to pay the tuition fees who are able to access the online course being offered by the private schools if the students choose to do so. Students who are not having access to online classes cannot be asked to pay the tuition fees.”
The high court gave this order while considering the situation of the Middle class or poor people. Hight Court has observed that the schools were forcing parents to pay fees by WhatsApp messages, SMS, and emails demanding fees payment.
Advocate urged to reconsider the incidental expenses
Advocate Zoheb Hussain argued that, “Schools which are conducting online classes cannot be restrained from charging fees. He urged the court to reconsider the incidental expenses involved in conducting online education or e-learning. Zoheb submitted that only 10% of students are paying the fees though the classes are attended by 100%. Hussain argued that The High Court made the observation with some preconceived notions about the schools.
School cannot remove a student from school
The order issued by the state says, “Only those private schools which have been conducting education through online classes in this period of uncertainty or lockdown will be allowed to charge only the tuition fees and the school cannot remove a student from the school if he/she fails to pay the fees.”