Supreme Court allows 100% fee collection by Rajasthan schools from March 5, asks schools to sympathetically consider non-payments

The Supreme Court on Monday allowed private unaided schools in Rajasthan to collect 100 per cent school fees amid the COVID-19 pandemic, through six monthly instalments, from March 5, 2021 (Gandhi Sewa Sadan Rajsamand v. State of Rajasthan)..The Bench of Justices AM Khanwilkar and Dinesh Maheshwari stated that the instalment arrangement would have to be paid independent of the amount payable to schools for the 2021-2022 academic year.While holding so, the apex court stayed an earlier judgment of the Rajasthan High Court, which had allowed private schools to charge 60-70 per cent of school fees for this academic year.."The management/school may collect fees for the academic year 2019-2020 as well as 2020-2021 from the students, equivalent to fees amount notified for the academic year 2019- 2020, in six monthly installments commencing from 5th March, 2021 and ending on 5th August, 2021," the order said. .In its verdict, the two-judge Bench maintained that schools cannot expel students or reserve their exam results over non-payment of fee."The 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 installments, referred to above, and shall not withhold the results of the examinations of any student on that account.".The order further stated that if parents have difficulty in remitting the fee, they can approach the school through an individual representation which the management of the school will consider on a case-to-case basis, sympathetically..This arrangement for parents will not affect the collection of fees for the academic year 2021-2022, which would be payable by the students as and when it becomes due and payable, and as notified by the management/school..The Court has clarified that these directions will be subject to the outcome of the matter, which is part-heard.."We also direct the State of Rajasthan to ensure that all government outstanding dues towards unit cost payable to respective unaided schools are settled within one month from the today and, in any case, before 31st March, 2021," the order further said. .The case will be heard next on February 15, 2021..In December 2020, the Rajasthan High Court had upheld the State government’s order asking students to between 60 and 70 per cent of tuition fees in Rajasthan Board of Secondary Education (RBSE) and Central Board of Secondary Education (CBSE) schools respectively.The order was applicable only post the reopening of schools after COVID-19 restrictions were lifted and was based on a 30 per cent and 40 per cent reduction in syllabus at CBSE and RBSE schools respectively.Additionally, the order had allowed those schools which had not reopened, but were conducting online classes, to collect 60 per cent of tuition fee as ‘capacity-building fee’..The High Court order was thereafter challenged in the Supreme Court..[Read Supreme Court order]