20% Reduction In Private School Fees To Continue Only Till March 15, 2022: Calcutta High Court

The Calcutta High Court on Friday observed that the previously stipulated 20 percent reduction in fees charged by private schools would end on March 15, 2022, owing to the abatement of the pandemic and the resumption of substantial normal activities. The Court further ruled that students will be permitted to resume classes after March 15, 2022, only if the fees and charges specified by the school are paid.

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. 

"With the Covid-19 pandemic showing signs of abatement and with the resumption of substantial normal activities in the new-normal period, the time has come, to assess how our order dated 13th October 2020, as modified from time to time, should be further adapted to suit the changed conditions", the Bench observed at the outset. 

Opining that March 15, 2022, would be the cut-off date for the continuation of the stipulated arrangement of payment of school fees, the Bench further directed, 

"15th March, 2022 is fixed as the cut-off date till when the present arrangement for the students to pay 80% fees for essential service rendered by the schools/educational institutions, as directed by the order dated 13th October, 2020, shall continue."

The Court further underscored, 

"A student shall be allowed to resume classes after 15th March 2022 only if the fees and charges specified by the school are paid"

It was further ordered that from March 15, 2022 the schools and educational institutions involved in this litigation shall re-admit all the existing students in their rolls, except those who are expected to leave the school by taking a board examination, specifying the type of instruction to be imparted – online, offline or hybrid. 

The Bench further observed that students who intend to take the board examination must deposit with the school by the due date fixed by each school the registration fee required by the board. If such registration fee is not paid, the school shall have no obligation to send up the name of the student for the board examination, it was stated further. 

Directions issued 

• Before re-admitting the students the school shall send to his or her parents or guardians an estimate of fees and additional charges for compulsory facilities to be provided and service to be rendered, by 15th February, 2022. Optional facilities shall also be indicated together with an indication of the charges therefor.

• Considering the controversy created regarding non-payment of fees, from now on fees and charges shall be paid in advance for each month

• In furnishing its estimate for fees and other charges, the school shall specifically indicate the mode of instruction, i.e. on-line or off-line for which those fees and charges are demanded.

• All other directions contained in our earlier orders, shall continue till 15th March, 2022.

• All allegations pertaining to non-compliance of our earlier orders and other related issues shall be dealt with by this court on the adjourned date.

The matter is slated to be heard next on January 14, 2022 at 4 pm. 

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

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