Parents Being Harassed Via SMS To Pay School Fees, Even For Lockdown Duration: Plea Alleges Before Allahabad High Court

The plea has been filed by members of the Parents Association in Moradabad, alleging that the parents and the children are constantly being harassed by private schools via SMS and Whatsapp messages, to pay arbitrary and exorbitant school fees for the session of 2020-2021, even for the duration the schools were closed and no services were provided, during the nationwide lockdowns.

The petition filed though Advocates Shashwat Anand and Ankur Azad points out that the UP Self-financed Independent Schools (Fee Regulation) Act, 2018 was enacted to regulate the conduct of private unaided schools and to put fetters on unreasonable demands of fees by such education institutions.

Section 8 of the said Act provides for constitution of 'District Fee Regulatory Committee' to regulate the fees to be charged by private educational institutions and to hear complaints of students/guardians/parents, with regard to the same.

However, till date, no such committees have been formed in the State.

Furthermore, the Petitioners state, Section 4(3) of the Act, inserted by way of an Ordinance dated June 17, 2020, empowers the State Government to regulate the fees to be charged by recognised schools, from existing students and newly admitted students for each academic year, in public interest, in extraordinary conditions or emergent circumstances like acts of God, Epidemics, etc.

However, till date, the State Government has also not taken any action for the succour of the distressed parents.

The plea alleges that in the aftermath of State's inaction, there is hardly any school in Moradabad District which is not harassing the parents and children for fees, even for the several months when the schools were closed.

The Petitioners allege that private schools in the city are neither allowing children to attend Online Classes, nor allowing them to sit in the Examinations or promoting them to the higher classes and in several cases even going to the extent of striking off their names from the school records, in case of non-payment of such exorbitant fees.

"In order to unlawfully extract more and more money from the children and their parents, most of the Private Schools/Institutions have not separately specified the tuition fees and have lumped the fees of all heads into one head, B i.e., 'Composite Fees,' and thus, are collecting the arbitrary and illegal school-fees in mockery of the express directions of the State Government and in blatant violation of the mandate of the 2018 Act, which is not only illegal, arbitrary and unethical, but also inhumane on the part of the Private Schools/Institutions," the plea states.

The Petitioners further allege that the entire financial burden of 'Online Tuition' has also been put on the parents, including cost of setting up of requisite technological infrastructure, expensive Internet connections, high electricity bills, etc.

The matter assumes significance as a Chief Justice led Bench of the High Court had asked the UP Government earlier this year in Sulekha & Ors. State of UP & Ors., about the criteria it shall adopt for regulation of fees under the UP Self-financed Independent Schools (Fee Regulation) Act, 2018. That case is likely to be listed on 19th April, 2021.

The matter may also be read in light of the observations made by the Supreme Court in T.M.A. Pai Foundation v. State of Karnataka, that in setting up a reasonable fee structure, the element of profiteering is not as yet accepted in Indian conditions. "The fee structure must take into consideration the need to generate funds to be utilized for the betterment and growth of the educational institution, the betterment of education in that institution and to provide facilities necessary for the benefit of the students."