[Fees amid COVID-19] Madras High Court allows private schools, colleges to collect 35% tuition fee in addition to 40% collected

The Madras High Court on Wednesday allowed unaided private educational institutions to collect 35% of the tuition fee estimated for the academic year 2019-2020, in addition to the 40% earlier allowed to be collected amid the COVID-19 pandemic. .The Court has ordered:Unaided private institutions are permitted to collect the of 35% of the tuition fees for the academic year 2019-2020 (in addition to the 40% earlier directed to be paid up by September 30). This fee (35%) shall be paid by the students by February 28, 2021.It is left open to the institutions to collect this 35% fees in instalments by issuing an appropriate circular. Any student who has not paid the initial 40% fees and/or the arrears of fees payable for the academic year 2019-2020, shall pay these fees also apart from the balance of 35% of the fees..Justice N Anand Venkatesh passed the order while taking note that the State's proposal to start physical classes for 9th and 12th standard school students was stalled due to concerns raised by parents. ."This Court has to take judicial notice of this fact and in all probabilities, re-opening schools and commencing physical classes may not take place till the end of this year", the Judge noted. .In the earlier order, the Judge had directed that the 35% fee would be collected "within a period of two months from the date on which the institution is reopened and physical classes commences.".School Fees amid COVID-19: Madras HC allows Private Unaided Educational Institutions to collect 40% Tuition Fee by August 31 [Read Order].However, Justice Venkatesh pointed out that this direction was issued in hopes that physical classes would re-start earlier. As noted in Wednesday's order, ."This Court expected the situation to improve and thought that the physical classes will commence atleast from November or December 2020. However, the situation has not improved and the reopening of schools and commencing physical classes is not a possibility in the near future.".The Court was further informed that in some cases, the students were yet to pay the 40% tuition fee earlier directed to be paid by the end of September. However, even these students were being accommodated by the educational institutions, the Court was told. While this was the case, the institutions still had to meet expenses such as the payment of salaries, statutory dues etc. .Therefore, the educational institutions moved the Court urging that it allow the collection of the balance 35% fee to meet these expenses. .Acknowledging the concern, the High Court pointed out that if physical classes do no commence by the end of the present year, "it will effectively leave only three months of regular functioning during this academic year from January to March 2021 and rest of the two months will be spent on conducting the examinations." .Therefore, it will be fit and proper to consider the request made by the institutions to collect the balance 35% of the fees, the Court opined..The Judge also took note that the fee committee has started the process of fee fixation and that the fee determined would be communicated to the institutions by the end of the present academic year. "On such fixation of the fees, the balance fees, if any, can be directed to be paid by the students to the concerned institutions", the Court clarified. .Before parting with the matter, the Court also cautioned that action would be taken against any institution demanding that students pay the entire tuition fee in violation of the High Court's orders. ."Any complaint received for violation of the orders passed by this Court shall be enquried and a report shall be filed before this Court to enable this Court to initiate action against the concerned institutions", the Court said. .Madras HC warns of contempt action against schools found flouting order to accept fee payment in instalments amid COVID-19 crisis.The Judge had earlier directed the District Educational Officers and Chief Educational Officers to identify such errant institutions and ensure the strict compliance of the Court's directives. .The matter has been posted to be taken up next on March 1, 2021.