School Fees amid COVID-19: P&H HC restrains schools from levying transport fees, directs that only 50% of maintenance fee may be charged

While hearing an appeal challenging a July ruling of the Punjab and Haryana High Court, the Bench of Justices Rajan Gupta and Karamjit Singh recently restrained schools from charging transport fees amid the pandemic. .The order passed last week states, ."... in view of the fact that the students are not going to school, the transport fee may not be charged. Besides, annual charges meant for maintenance of the school building to the extent of 50% shall remain stayed so that school authorities are able to maintain the same."Punjab and Haryana High Court.The appellants had challenged the levy of transport fees and maintenance charges while classes were being conducted only online amid the pandemic. .A fee for maintenance amounting to Rs. 34,000 was still being levied even though the school buildings were closed in light of the pandemic, it was submitted (Ashish Kumar Garg and Ors. v. State of Haryana)..The appeal challenges the application of the Court's July order for its reliance on a June 30 Single Bench ruling in Independent School Association Chandigarh (Regd.) and others v. State of Punjab. .The July order had laid down directions on how fees were to be charged from students during the pandemic. .The order predominantly borrowed from Justice Nirmaljit Kaur's June ruling which allowed the recovery of tuition fees by schools, regardless of whether online classes were held or not. .All schools entitled to collect tuition fee, regardless of whether they offered online classes or not during COVID Lockdown: P&H HC .Pertinently, the Single Judge pronouncement is stated to have been made on the basis of the Punjab Regulation of Fee of Unaided Educational Institutions Act, 2016. The appellant, however, argues that it has completely ignored the Haryana School Education Act, 1995..The Court took the submission on record and issued notice. .In the meanwhile, it has directed that transport fees should not be levied for the pandemic period. Further, only 50% of maintenance charges were to be demanded, the Bench stated..The petition is one of many that challenge the June 30 ruling in one way or the other..On September 18, the State of Haryana filed an appeal against the June 30 ruling..All of the petitions directly challenging the June 30 decision are expected to be taken up for hearing on October 1, 2020..The appeal described in the earlier paragraphs is also expected to be taken up on October 1, 2020..Advocate Ruchi Gupta represented the appellant in the proceedings..Read the Order here: