School fees amid COVID-19: Rajasthan HC stays order allowing collection of 70% of the fees, restrains coercive action against students

A Division Bench of the Rajasthan High Court has stayed the operation of an order issued by a Single Judge Bench of the Court that had permitted schools to collect 70% of the annual tuition fees chargeable, at the rate at which the fees were collected during the last academic year..A Bench of Chief Justice Indrajit Mahanty and Mahendra Kumar Goyal were hearing a batch of pleas that challenged the High Court's earlier order..[School fees amid COVID-19] Rajasthan HC allows private schools to collect 70% of tuition fees in instalments .While staying the order's operation, schools have now been directed to "await directions" of the Court and not take any "coercive action" against the students. This direction will remain in force till Friday, October 9..The litigation was prompted by two circulars issued by the State Government. The first one that directed private schools to hold off on levying fees for three months, while a second circular dated July 7 extended the operation of the first circular till further notice..The schools argued that they had infrastructural facilities to maintain and that they had to pay their non-teaching staff, while also shouldering the costs of online classes and teachers' salaries..In the Single Bench interim order, the Court had noted that parents could not be burdened with heavy fee requirements. On the other hand, schools could not be expected to unilaterally shoulder the costs of maintaining its infrastructure, it was pointed out. .The Judge reasoned that these equally important interests had not been considered by the State when it issued its notification. The Single Judge, therefore, issued a direction meant to balance the interests of both the schools and the students amid the pandemic situation..To this end, the Court had issued a direction to collect 70% of the annual tuition fees..The Judge had, however, emphasized that a more detailed examination of these issues would be undertaken at the stage of final disposal..The matter before the Division Bench is expected to be taken up next on October 5, 2020..While the petitioners Sunil Samdaria, Shashank Agarwal with Mahendra Shandilya appeared in person, the other petitioners were represented by Advocates Rishikesh Maharshi, Ravi Sharma and AAG Rajesh Maharshi..The respondents were represented by Advocates Amit Chhangani, Shailesh Prakash Sharma, Dinesh Yadav, Abhay Jain, Parinitoo Jain, Rishabh Khandelwal, Kapil Sharma, Anuroop Singhi, Senior Advocate K.K. Sharma, and Advocate Alankrita Sharma, Advocate Dr. RDSS Kharlia, Sangeeta Kumari Sharma, Sumitra Choudhary, and AAG Rajesh Maharshi..Read the Order here: