Calcutta High Court Orders Schools To Not Deny Promotion Or Withhold Report Cards Of Students For Non-Payment Of Fees

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

The Court further 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.

A Bench comprising Justice IP Mukherji and Justice Moushumi Bhattacharya was adjudicating upon a bunch of PILs filed by aggrieved parents seeking a partial remission of school fees for the session 2021-2022 due to the ongoing pandemic owing to which students are attending schools only through virtual mediums. The Bench vide its order dated October 13, 2020, had slashed the fees charged by private schools in the State by 20% due to the ongoing pandemic.

In an earlier hearing, the Court had ordered that considering the abatement in the Covid-19 pandemic and the reopening of schools across the State, its earlier direction stipulating 20 percent reduction in fees charged by private schools would cease to exist from February 16, 2022 onwards with regards to physical classes. 

Restricting schools from withholding promotion or report cards on account of non-payment of fees, the Court directed on Wednesday, 

"None of the 145 schools/teaching institutions shall deny promotion to any student to the next session or withhold their report card till further orders. All students shall be allowed to join the higher class in the new session and shall be provided the normal educational facilities"

During the hearing, it was alleged by a section of parents and students mostly of G.D. Birla Centre for Education, Mahadevi Birla Sishu Vihar, Adamas International School and some other schools that very arbitrarily the school authorities are not granting promotion to students, withholding their report cards and not allowing them to join the higher class in the new session on the pretext that school fees have not been paid.

It was further contended that the schools are charging a much larger amount than they are directed to be charged by the Court's earlier interim orders.

However, the allegations were denied by the counsels representing the school authorities and the Court was apprised that on the contrary,  a significant number of guardians/students have paid school fees which are lower than the fees required to be paid as per the Court's order.

Pursuant to the perusal of the rival submissions, the Court observed that the arrangement under which the students shall pay fees and other charges to the schools/educational institutions for the new session shall be entirely between the schools/teaching institutions and the students/guardians and shall not be affected by this order or any previous order.

The Court however directed that during the operation of the concerned interim order,  the payment made by each students/ guardians shall be accompanied by a statement showing the calculation for such payment.

"As a matter of guidance to the parents/ students the fee last paid and accepted by the schools/teaching institutions should be indicative of how much is payable for a particular month preceding the start of the new session", the Court ordered further. 

The Court further issued the following directions pertaining to the addressal of grievances by Court designated Joint Special Officers, 

i) The Joint Special Officers will also look into the complaint of arbitrary increase in school fees during the Covid-19 pandemic period with a view to circumvent the order of this court and take a decision in the matter with regard to fee actually payable by those guardians/ students.

ii) Each of the guardians/students shall make payment of the fee determined as payable by the Joint Special Officers to the schools/ teaching institutions within two weeks of such determination without prejudice to his rights and contentions in these applications.

iii) The Joint Special Officers shall also tabulate in their report the names of the students who have not made any payment at all during the operation of our interim orders.

The matter is slated to be heard next on June 10, 2022. 

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

Case Citation: 2022 LiveLaw (Cal) 108

Click Here To Read/Download Order