Amit Agarwal
On Monday, a division bench of Chief Justice Rajesh Bindal and Justice J. J. Munir ordered the schools to refund/adjust 15 per cent of the excess school fee charged during the COVID Pandemic period, i.e., for the academic session 2020-21.
The bench was hearing a bunch of petitions filed by aggrieved parents from all over the State contending regulation of fees in all the government and private schools in Uttar Pradesh.
The petitioners also contended that certain facilities were not provided during the COVID pandemic to the students; hence, they were not liable to pay for that. The petitioners further argued that fees are a matter of quid pro quo, and during the 2020-21 session, no services, except online tuition, were provided in private schools.
The petitioners had cited the 2021 judgment of the Supreme Court in the case of Indian School, Jodhpur Vs. State of Rajasthan, in support of their contention. In this judgment, the Supreme court held that private schools demanding fees without providing any service amounts to the profiteering of education.
In para No. 139 of 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, the direction was issued that for the academic year 2020-21, the 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 the fee to be paid in future.
Considering the Apex Court’s judgment and referring to the directions issued therein, the High Court, in its order, directed the private school that in case any fee has been paid in excess of what has been determined by the Supreme Court and, in the case of the students still studying, the same may be adjusted in the fee to be paid in future.
In the case of students who have passed out or left the school, the High Court has ordered that the amount may be calculated and returned to those students. As per the court’s order, this exercise must be done within two months.
“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. 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 order disposed of the following writ petitions: Writ – C No. 25344 of 2020, 15746 of 2021, WPIL Nos. 595, 949, 1105, 1196 of 2020, 451, 796 of 2021.
Case title: Adarsh Bhushan Vs. State of U.P [PUBLIC INTEREST LITIGATION (PIL) No. – 576 of 2020]
Click Here To Download The Order