Schools Allowed To Charge Full Fees For Physical Classes From Feb 16; No Coercive Action For Default In Payment Until March 31: Calcutta HC

The Calcutta High Court on Friday held that considering the abatement in the Covid-19 pandemic and the reopening of schools across the State, its earlier direction stipulating 20 percent reduction in fees charged by private schools would cease to exist from February 16, 2022 onwards with regards to physical classes. 

The Court observed that schools and other educational institutions shall be permitted to charge fees according to their policy and arrangement with the students from February 16, 2022 onwards. 

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.

On Friday, the Court observed, 

"With prospective effect from 16th February, 2022, that part of our order permitting deduction of 20% of school fees shall stand vacated."

The Bench further opined that considering the substantial remission of the effects of the pandemic, its previously issued interim order must be modified and accordingly remarked further, 

"As the situation stands today, there is substantial remission of the effects of the pandemic. Life in all spheres has become substantially normal. In fact by the notification of the State Government dated 14th February, 2022, even primary and upper primary schools have been thrown open to physical education with effect from 16th February, 2022. Therefore, from now, education in all the schools and other educational institutions covered by this public interest litigation would be physical."

Pertinently, the Court further observed that up to February 28, 2022 with regards to online classes, students will have to pay school fees according to the interim order previously issued by the Court. 

Furthermore, the Court underscored that until March 31, 2022 or until further orders no coercive action can be taken against any student by educational institutions for non-payment of school fees. 

"Till 31st March, 2022 or until further orders, whichever is earlier, no coercive action like expulsion of any student from the school, withholding of admit card to sit for any Board or school examination, withholding of mark-sheets or certificates on the ground of default in payment of school fees, shall be taken by the schools or other educational institutions covered by this litigation against any student", the Court directed. 

Directions Issued 

(a) With prospective effect from 16th February, 2022, that part of our order permitting deduction of 20% of school fees shall stand vacated.

(b) The schools and other educational institutions shall be permitted to charge fees according to their policy and arrangement with the students.

(c) Up to 28th February, 2022, subject to (d) below students shall pay the school fees according to the interim orders made by us prior to this day, for online classes.

(d) In case of any dispute between the school fees claimed and the school fees payable according to a student for the period up to today, 50% (fifty per cent) of the demand by the school or the admitted amount by the student, whichever is higher, has to be paid without prejudice to the rights and contentions of the parties in this litigation, by 15th March, 2022. Our earlier interim order with regard to payment of the disputed amount stands modified to this extent.

The matter is slated to be heard next on March 25. 

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

Case Citation: 2022 LiveLaw (Cal) 45

Click Here To Read/Download Order