[School fees amid COVID-19] Madras High Court permits private schools to collect 85% fees for 2021-22; students cannot be dropped for non-payment

The Madras High Court on Friday allowed private unaided schools in the State to collect 85% of the annual school fee payable for the current academic year, i.e. 2021-22, in six instalments from parents who have not suffered a loss of income during the COVID-19 pandemic period (The Federation of Association of Private Schools in Tamil Nadu v. The Chief Secretary to Government and ors). .The Court, however, added that students cannot be removed or dropped out from the institutions under any circumstances during the academic year 2021-22, and that it was the responsibility of the jurisdictional educational authorities to monitor the same..Justice D Krishnakumar passed the order in a batch of writ petitions filed by schools and parents. .Various schools had moved the Court challenging a Tamil Nadu government order restraining private schools and colleges (unaided) from compelling students or parents to pay annual fees or other pending dues during the lockdown period. The petitions filed by the parents raised grievance over certain schools collecting 100% of the fee without conducting online classes or other services. .In a bid to balance the competing interests, and in view of the Supreme Court's decision in Indian School, Jodhpur and Another v. State of Rajasthan and Others, the High Court has now issued the following directions:.1. The petitioners/school management of the concerned private unaided schools shall collect 85% of the annual school fees (based on the fee fixed for the academic year 2019-2020) for the academic year 2021-2022 in six instalments from those students/parents who have not suffered loss of income during the pandemic period, provided they have conducted online classes. If the students have already paid first instalment for the present academic year, the balance amount shall be paid by way of instalments and the last instalment is to be paid on or before February 1, 2022. 2. Students/parents who have suffered loss of income during the pandemic period, shall make an application to the school management, who shall consider their request and collect 75% of the fees. 3. If any parents/wards seek further concession for payment of annual fees for the academic year 2021-22 on account of unemployment, close down of business due to lockdown, they shall make a representation to the school management, who shall consider such representation on case-to-case basis sympathetically.4. Unaided private institutions shall also collect the arrears of fees payable for the academic year 2020-2021 in instalments.5. If any student has already paid the entire fees including arrears, the same shall not be a ground to claim refund of the fees.6. The school management shall not debar any student from attending either online classes or physical classes on account of non-payment of fees, arrears/outstanding fees including the instalments, and shall not withhold the results of the examinations of any student on that ground. If any such action is brought to the notice of the educational authorities, it shall be viewed seriously and suitable action shall be taken against the institutions concerned.7. It will be open to the schools to give further concession to their students or to evolve a different pattern for giving concession.8. If any dispute arises between the parents/wards and the school management in respect of concession in fees, either on the reference by the school management or on the application by the students/parents, the District Educational Officers of the districts concerned shall consider and take appropriate decision within a period of 30 days from the date of receipt of the application.9. The students shall not be removed/dropped out from the institutions under any circumstances during the academic year 2021-22 and it is the responsibility of the jurisdictional educational authorities to monitor the same.10. If any difficulty is faced by the students to continue in a particular school, they can approach the jurisdictional educational authorities, who shall make necessary arrangements to accommodate the said students in nearby Government/Corporation/Municipal/Panchayat schools.11. As a special case, given the extraordinary situation, the State government may also consider sanctioning the amount for fees, if there are any unfilled seats available under the 25% quota of the Right of Children to Free and Compulsory Education Act, 2009, for the academic year 2021-22, subject to eligibility criteria.12. The managements of CBSE Schools shall publish the details of fees to be collected for the academic year 2021-2022 on their respective website, within a period of four weeks from the date of receipt of a copy of the order.13. In case of dispute in respect of determination of fees, the school management or students/parents concerned can approach the Fee Determination Committee for redressal of their grievances.14. Students who seek to leave the school may inform the schools concerned. It is made clear that the Education Department has already issued a circular that schools cannot insist upon production of Transfer Certificate for admission of students in schools.15. The State government shall take all necessary steps to fill up the vacancies in the cadre of staff and ensure effective functioning of the Fee Determination Committee. The said exercise shall be completed by the Secretary to Government, School Education Department, Government of Tamil Nadu, within a period of eight weeks from the date of receipt of a copy of the order.16. In view of the above directions, the State government shall issue a revised circular and the same shall be communicated to all the schools within a period of two weeks from the date of receipt of a copy of the order..The order was passed after taking on record that the schools were also agreeable to the proposal to collect 85% of the fee payable as already laid down in the Supreme Court's ruling in the Indian School, Jodhpur case, wherein the top court had allowed collection of school fee with a 15% deduction for unutilised facilities..Justice Krishnakumar further observed that the COVID-19 pandemic has resulted in difficulties being faced by parents and students as well as the schools who have been faced with fresh costs to conduct virtual classes..With schools being closed for over a year due to COVID-19, educational activities have taken a massive hit and it is not just the students who are suffering, the Court remarked. ."Private schools are particularly affected, with many finding it difficult to even pay their staff and some have also had to temporarily terminate the services of their faculty for co-curricular and extracurricular activities such as sports and arts, besides other staff members...Needless to state that schools with moderate funds are finding it extremely difficult to survive," the Court said..As far as parents were concerned, the judge added, "The Covid-19 pandemic has been financially challenging for parents, since they have not been able to make fee payments on the due dates owing to lockdown or on account of other reasons such as loss of income, unemployment, closure of businesses due to lockdown restrictions and the parents demand concession of fees since the classes are conducted online.".With the directions given today, the Court has now disposed of all the petitions. Earlier, Justice N Anand Venkatesh had passed two orders for interim fee-payment arrangements in the matter..Senior advocates Dr. Father A Xavier Arulraj and Silambanan (for M/s.Kaavya Silambanan Associates) and advocates Godson Swaminath (for M/s.Issaac Chambers), T Gowthaman, L Murali Krishnan, E Vijay Anand, G Sankaran, P Ebenezer Paul, S Manuraj, UK Kalaiarasi and M Purushothaman appeared for various petitioners. .Advocate General R Shunmugasundaram, assisted by government advocate Selvendran appeared for the State. Standing counsel Nagarajan appeared for the Central Board of Secondary Education (CBSE). .[Read Order]