Online Classes: Allahabad High Court To Decide Plea For 50% Relaxation In School Tution Fees On Jan 18

A Division Bench comprising Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery today directed the Standing Counsel to avail instructions from the Government with regard to application and execution of Uttar Pradesh Self - Financed Independent Schools (Fee Regulation) Act, 2018.

It added, "Let this petition for writ be listed for final disposal, at this stage, on 18.1.2021."

The pleas were filed by the High Court Bar Association as well as the District Bar Association, along with UP Vyapari Mandal and other private parties through Advocates Sudhir Srivastava, Rajiv Shukla and Shashwat Anand.

They had asserted that arbitrary levying of fees by private schools in the name of 'Sit-At-Home' (Online) Education, is violative of the UP Self Finance Independents Schools (Fee Regulation) Act, 2018 which seeks to regulate the conduct of private unaided schools and to provide a limitation on unreasonable demand of fees by such education institutions.

It was highlighted that conducting online classes is a much cheaper schooling model as compared to the regular education model requiring physical presence, and therefore it is "in the interest of all the canons of justice, equity, and good conscience, the fees of 'SitAt-Home Education', can by no means be equated with or the charged the same as the older actual/physical education of the pre-COVID-19 Era."

The Petitioners also sought waiver of other fees that has become ineffective, such as Sports fees, Lab fees, Library fees, etc.

"As of now the Schools/ Institutions are imparting solely 'Online Education' or ' Sit-At-Home' education exclusive of all other extra-curricular activities, such as library, spcrts, parking, canteen, computer and science labs, etc. The 'Online Education' or 'Sit-At-Home' education, by the widest stretch of imagination, can only be equated to Tuition' and the charging of tuition-fees. Thus, the charging of any fees, in addition to or over and above the Tuition-fees' is arbitrary and hit by Article 14 of the Constitution and hence unconstitutional and void," the plea stated.

Other reliefs sought by the Petitioners include a direction to the Government to lay down a comprehensive and uniform criteria/policy/plan/regulation/frame-work for the charging of a common/uniform fees, whether in respect of 'Sit-At-Home' education or otherwise, for the U.P., ICSE and CBSE Boards.

Further, they had sought constitution of a Committee, comprising of appropriate Ministries, Authorities, Departments and all necessary stakeholders, so as to review, revise, rehaul and lay down a uniform policy/plan/criteria/framework/guidelines, for the charging of fees by the U.P., ICSE and CBSE Boards, inter alia, 'Sit-At-Home' Education fees;

Alternatively, they sought framing of appropriate guidelines by the High Court u/Art. 226, for the redressal of the matters and grievances as contemplated in the PIL, inter alia, dealing with the charging of fees, including 'Sit-At-Home' Education fees, during and notwithstanding, the COVID-19 Era, and issue appropriate directions in regard thereto.

In June last year, the High Court had dismissed a PIL seeking complete waiver of school fees, including tution fees by private schools, amid the pandemic.

"Most of the schools and colleges are taking up on-line classes for the students and teachers are taking either live classes or sending videos to the students. Even students are being given homework and the same is being checked by the teachers," the Court had observed.

Case Title: Prashant Kumar Shukla & Ors. v. Union of India & Ors.

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