Karnataka HC Directs 15 % Waiver On Private School Fees For 2020-21; Modifies Govt Order For 30% Deduction

A single bench of Justice R Devdas, directed that,

"The petitioner-Institution (school Management of the concerned private unaided school) shall collect annual school fees from their students as fixed under the Act of 1995 for the academic year 2019-20, but by providing deduction of '15 per cent' on that amount, in lieu of unutilised facilities by the students during the relevant period of academic year 2020-21."

The direction was issued while hearing a batch of petitions filed by the Private Unaided Schools and Association of such Private Unaided Schools. It was contended that the petitioner-Institutions are Private Unaided Schools, imparting education as per the syllabus prescribed by the Central Boards such as CIE, ISCE, CBSE etc. Further, these Private Unaided Schools are affiliated to other Boards and not to the State Board, therefore the impugned Government Order could not have been issued by the State Government binding the Private Unaided Schools who were not affiliated to the State Board.

Senior Advocate Madhusudan R Naik appearing on behalf of the petitioner submitted that the issue stands covered by a decision of the Hon'ble Apex Court in the case of Indian School, Jodhpur and Another Vs. State of Rajasthan and Others, LL 2021 SC 240, decided on May 3.

The Apex court in its order had said, "The appellants (school Management of the concerned private unaided school) shall collect annual school fees from their students as fixed under the Act of 2016 [Rajasthan Schools (Regulation of Fee) Act, 2016], but by providing deduction of 15 per cent on that amount in lieu of unutilised facilities by the students during the relevant period of academic year 2020-­21."

Additional Advocate General, Dhyan Chinnappa, admitted that the Hon'ble Apex Court has declared that the State Government could not have issued such a Government Order in the guise of invoking powers conferred under the Disaster Management Act, 2005, or the State Education Act or invoking the executive powers of the State under Article 162 of the Constitution of India. However, the directions given by the Hon'ble Apex Court in the case of Indian School, Jodhpur (supra) would be binding on the petitioner-Institutions and all educational institutions throughout the country including the State of Karnataka.

He added that, "Institutions should not be permitted to coerce the parents or the wards to pay the school fees on the ground that what was directed by the Apex Court was to give a discount of 15%, while the State Government had directed a discount of 30%."

The court on perusing the Apex court order said, " The Hon'ble Apex Court has taken note of the predicament of not only the parents, but also of the educational institutions in having to pay salaries to the staff and teachers and maintain the infrastructure and has proceeded to pass certain orders. In the considered opinion of this Court, the directions issued by the Apex Court would be binding on the petitioner-Institutions and all educational institutions in the State of Karnataka also."

Accordingly, the court passed the following directions.

1: It will be open to the petitioners (concerned schools) to give further concessions to their students or to evolve a different pattern for giving concessions over and above those noted in clause (i) above (of the order).

2: The school 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.

3: If any individual request is made by the parent/ward finding it difficult to remit annual fees for the academic year 2020-21 in the above terms, the school Management to consider such representation on a case-to-case basis sympathetically.

4: The above arrangement will not affect the collection of fees for the academic year 2021-22, as is payable by the students of the concerned school as and when it becomes due and payable.

5: The school Management shall not withhold the name of any student/candidate for the ensuing Board examinations for Classes X and XII on the ground of non-payment of fee/arrears for the academic year 2020-21, if any, on obtaining undertaking of the concerned parents/students.

Case Title: Association Of India Schools, An Association Of Private Unaided Schools And State Of Karnataka.

Case No: Writ Petition No.4818/2021

Date Of Order: 16th Day Of September, 2021

Appearance: Senior Advocate M R Naik, A/W Advocate Sanjay Nair, For Petitioners

Aag Dhyan Chinnappa, A/W Advocate Pramodhini Kishan, For Respondents.