Calcutta HC Orders School To Withdraw Notice Preventing Students From Attending Classes For Non-Payment Of Dues, Orders Display Of Order In Notice Boards

The Calcutta High Court on Tuesday reiterated that private unaided schools whose names had come up with regards to allegations of arbitrary fee hike during the pandemic cannot deny promotion to any student or withhold report cards for non-payment of fees.

The Court further instructed such schools to put up the Court's earlier interim orders stipulating such a direction in a suitable place in their notice boards for the appreciation by all concerned.

A Bench comprising Justice IP Mukherji and Justice Moushumi Bhattacharya was adjudicating upon a bunch of PILs alleging that schools in particular G.D Birla Centre For Education have prevented students who have failed to clear their outstanding dues from attending classes or being promoted. 

It was alleged that G.D Birla Centre For Education had issued a notice dated April 9, 2022 stipulating that those students who have disputed the dues of the school would not be allowed to join classes. It was further alleged that numerous students have been debarred from joining classes on the ground that their fees remain unpaid.

Directing G.D Birla Centre for Education to immediately withdraw the impugned notice, the Court observed, 

"G.D. Birla Centre for Education will immediately withdraw its notice dated 9th April, 2022 and allow the students to attend classes in the usual course immediately. All other schools will also follow the directions in this order."

The Court earlier vide interim orders dated February 18, 2022 and April 6, 2022 had restricted schools from withholding promotion or report cards on account of non-payment of fees. On the last date of hearing, the Court had also directed two Joint Special Officers designated by the Court to look into any complaint of arbitrary increase in school fees during the pandemic and take a decision in the matter with regard to fee actually payable by those guardians/ students.

On Tuesday, the Court ordered that all disputes concerning the schools and payment of fees should be referred to the Joint Special Officers. The Joint Special Officers were also instructed to submit a report to this effect by June 6. 

Directing the Joint Special Officers to approach the concerned Officer-in-Charge of the local Police Station for proper implementation of the Court's order, the Court underscored, 

"For proper implementation of this order and also to ensure that there is no breach of peace or break down of law and order within or adjoining the school premises, the Joint Special Officers shall in the event such situation is pointed out to them by the school authorities or any parent or guardian shall approach the Officer-in-Charge of the local Police Station. On such request, the said Officer-in-Charge shall ensure that there is no breach of peace in the school area."

Case Title: Rajib Chakraborty and Ors v. The State of West Bengal and Ors

Case Citation: 2022 LiveLaw (Cal) 129 

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