This article is written by Adv. Mahesh S. Dhannawat.
In View of recent Delhi HC order in Queen Mary School Northend vs Director of Education Writ Petition (C) No. 4011/2020:
Table of Contents
Introduction
Children are the future of the country. 40 % of the Indian Children study in the 25 % of total Private schools of the country.
On 08th July 2020 Hon’ble Justice Jayant Nath ordered in Writ Petition (C) 4011/2020, Queen Mary School Northend Vs Director of Education to issue notice to Director of Education and even observed that the petitioner can declined to provide ID and Password for online education facility for the students who have not paid the fees for more than two months and even observed that parents can approach appropriate authority for the action of the school.
This created havoc in the minds of parents of the children and thus need for urgent government intervention on the issue.
Background
On 21st March 2020 public Curfew was enforced in the country to combat the current Covid 19 issue. On 24th March 2020 the Government of India under Prime Minister Shri Narendra Modi ordered a nationwide lockdown for 21 days limiting the moment of entire Indian Population as a preventive measure against the coronavirus pandemic in India. This lockdown was further extended from time to time and still the education Institutes/School are not allowed to open.
The parents are facing financial crises due to their business and services being affected. Even because the students are at home only and not going to school, the parents are not paying the school fees.
The school authorities, on the other hand, are required to pay monthly salaries for the teaching and non-teaching staff even during the lockdown. Even the maintenance expenditure is also borne by the institutions. Moreover, the schools and Institutions have to incur additional expenses for setting up E-learning modules in the school and getting their teachers trained for the same.
This situation brought up crises and conflict between the parents and the school management and authorities.
Meanwhile the Director of Education, Delhi had issued a circular Dt. 18th April 2020 stated that school authorities can only charge the tuition fees from the parents during the lockdown period and the circular further states that in no case ID and password will be denied to students who are unable to pay the school fees due to financial crises arising out of the closure of business activities.
Petitioner’s grievance
The petitioner is also an educational institution in the name and style of, “Queen Mary School Northend”. The petitioner is also facing the problem of payment of salaries to its employees and bearing the maintenance expenses due to non-payment of fees by the parents.
Though the school has started conducting online education for the students and have developed the required infrastructure and trained their teachers for the same.
The Government has instructed the school authorities to open the regular school only when they get some intimation to that effect from the government authority, so presently the school is operating through online education only.
Meanwhile, the Delhi Government Educational Department has issued one Government resolution dated 18th April 2020 in which Clause i) of the circular states that no fee except tuition fee will be charged from the parents during the lockdown period. It is pleaded that clause (viii) of the same circular further states that in no case, the ID and password shall be denied for getting online access of educational facilities/ classes/ materials to those students who are unable to pay the school fee due to financial crisis arising out of closure of business activities.
Due to this circular the parents are taking unfair advantage of clause (viii), about 40% of the students are defaulting in payment of tuition fees resulting in grave financial crises to the petitioner i.e. Queen Mary School Northend.
In Writ Petition (C) no. 2993/2020 the division bench by its judgment had stated that this provision should not be misused and it would be necessary for the parents seeking benefit of this relief to establish to the satisfaction of the school authorities or the director of education owing to the lockdown, they are in fact financially incapacitated from paying the tuition fees. The order of the Hon’ble court needs clarification/ interpretation because the parents are misusing the same.
The standing Counsel for the government of NCT of Delhi states that school authorities are free to issue notice for default in school fees and an opportunity may be given to the parents to explain and satisfy their financial problems and their after only if the reason given is not satisfactory the school can take steps as per law.
Court’s observation
The Hon’ble Justice Jayant Nath observed in his order Dt. 08th July 2020 that where the parents are default for payment of tuition fee for more than 2 months, the petitioner is free to issue notice to such parents to explain the reason for the default. Whether the parents are unable to satisfy/ demonstrate their financial difficulties, the school authorities are free to communicate to the parents and decline ID and password for online education facilities for the students.
The Hon’ble Justice Jayant Nath further observed that in case parents have any grievance against such order passed by the school authority they can approach the appropriate authority of the Government of NCT of Delhi.
Other High Court and Supreme Court’s observations
|
Sr. No. |
Court Name |
Case Detail |
Judgment/ Order Dt. |
Observation |
|
1 |
Uttarakhand High Court |
WP (PIL) no. 59/2020 and 60/2020 The Japinder Singh Vs Union of India and Akash Yadav Vs State of Uttarakhand and others |
12.05.2020 |
The State Government should appoint Nodal officer and give wide publicity so that parents can raise their grievance pertaining to School Fees issue of parents and even stated that non of private school should send email or whatsapp messages or any form of communication to the parents demanding fees because payment of fees is voluntary and only be charged from those students who are accessing online education. |
|
2. |
Gujarat High Court |
Suo Moto 25/2020, Suo Moto Vs State of Gujarat |
19.06.2020 |
Directed the state Government to see that private schools do not cancel the admission of failure of the parents to deposit fees. |
|
3. |
Punjab and Haryana High Court |
CWP 7409/2020 Independent Schools Association Chandigarh (Regd) and others Vs State of Punjab and others |
30.06.2020 |
That the school authorities have to pay salary and maintain infrastructure and so if the tuition fees is not paid schools will be forced to close down which will be neither in the interest of state parents and children. Moreover the school shall make up the loss. |
|
4. |
Kerala High Court |
WP (C) 10867/2020 Shreelekshmi Santoshkumar and others Vs State of Kerala |
30.06.2020 |
Whether there is lockdown or not, monthly salaries for the teaching and non teaching staff have to be paid. The demand of parents that no fees can be collected during the lockdown period cannot be accepted. |
|
5. |
Rajasthan High Court |
D.B. Civil WP No. 5338/2020 Rajeev Bansal Vs State of Rajasthan |
14.05.2020 |
That in view of policy decision of Government the Writ pertaining to payment of fees by parents in lockdown is disposed off |
|
6. |
Bombay High Court |
PIL no. CJ-LD-VC-24/2020 Dr. Binu Vargase Vs State of Maharashtra and others |
19.06.2020 |
Nothing prevents parents to approach the Government in a group and seek framing of guidelines for reducing the quantum of tuition fees as well as other relief during the period of lockdown considering their plight. In matters relating to policy, the court’s out to stay at distance. |
Moreover recently the bench of Chief Justice S A Bobde and Justices R Subhash Reddy and A S Bopanna refused to entertain a Plea by different states seeking deferment/moratorium on school fees for the lockdown period and ask them to approach High court for relief, in the Petition filed by parents association of different states. This again put the parents in a doll drum situation.
Conclusion
“It cannot be questioned that children are amongst the most vulnerable sections in any society. They represent almost one-third of the world’s population and unless they are provided with proper opportunities, the opportunity of making them grow into responsible citizens of tomorrow will slip out of the hands of present generation ” The said observation made in Salil Bali………Vs……..Union of India and Anr., 2013(VII|) AD (SC) by the Supreme Court shows that it is our obligation to the young generation to open up all opportunities including education for every child to unfold its personality and rise to its full stature, physical, mental, moral and Spiritual.
Article 45 of the Indian Constitution clearly says that it’s the joint responsibility of the Central and State to provide free and compulsory education.
The Well Known Kothari Commission, 1964-66 recommended that the Central Government should undertake the responsibility in education for the equalization of educational opportunities with special reference to the reduction of inter-state differences.
We have to protect private schools from closing and even not deprive the students from education.
The conflict of decisions of various High Court and it being Policy decision many high courts have asked the parents to approach the appropriate authority for the same, i.e. the government.
The Union government or state government should urgently take up the issue and plan a strategy or policy wherein interest free loans can be provided to the parents for paying the fees or some financial help is given to the school authorities so that they can meet their expenses in spite of non payment of fees.
Governments act only if people demand. It is observed by us, so the parents associations in the entire country should take up the issue with the Government and force them to intervene.
References
- Delhi HC order in Queen Mary School Northend Vs Director of v Education through its Writ Petition (C) No. 4011/2020
- Director of Education, Delhi’s circular Dt. 18th April 2020 pertaining to school fees in lockdown period
- Salil Bali………Vs……..Union of India and Anr, 2013(VII|) AD (SC)
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