Plea In Supreme Court Seeks Uniform Maximum Relief In The School Fee For Lockdown Period [Read Petition]

The Petitioner, Advocate Reepak Kansal has approached the court stating that it is "illegal" for the schools to demand fee and expenses, without rending service.

It is stated that there is no Force Majeure clause in the school admission forms (contract) and the school is bound with terms and conditions which are mentioned in the admission form.

"There is no Force Majeure clause in the said admission form, therefore, demanding fee and expenses without rending service is illegal and against the principle of natural justice," the Petitioner has contended in light of the Consumer Protection Act.

So far as online classes is concerned, the Petitioner through Advocate Vatsalya Vigya, states that the same is not mentioned in the admission form and is beyond the "scope of schooling".

"There is no clause in the admission form that in case of epidemic / adverse situation / nation lock down etc., the school administration would provide online classes and charge same set of fee & expenses for the same. There are several side effects and demerits of online classes which is totally different from the concept of schooling," the plea states.

For students who have given prior consent and attended online classes, the Petitioner states, the parents may be charged for the expenses of the said online classes "proportionally".

In this backdrop, the Petitioner has urged the court to give an interpretation of the Force Majeure clauses in the current circumstances and also to direct the Government to take decision in regard to waiving off/ providing uniform maximum relief I the school fees.

"The authorities/ respondent have been illegal forcing the students / parents to pay the school fee without getting services from their respective schools which violates the fundamental rights as well as various sections of Consumer Protection Act," the Petitioner has submitted.

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