Students Have To Pay Full School Fess By October 25, Rustication Or Bar On Taking Exams Not Allowed For Non-Payment: Calcutta High Court

The Calcutta High Court on Friday restrained school authorities from preventing any student from taking any board or annual or mid-term examination as well as carrying out rustication of students due to non-payment of school fees. However, the Court directed parents to ensure that payment of outstanding fees is positively made by October 25.

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. In its earlier order dated October 13, 2020  the Bench had passed an interim order directing school authorities to not expel any student and avail them to access online classes on the fulfilment of certain conditions.

The Court on Friday directed,

"For the time being the school authorities will not prevent any student from sitting in any board or annual or mid-term assessment examination of the school. For the time being, all rustication orders shall be kept in abeyance."

Furthermore, the Court also took on record the affidavits filed by the school authorities wherein it had been stated that a very substantial amount, running into several crores is outstanding, from the students.

The school authorities also submitted before the Court that if the outstanding payments are not received by the schools, then it would become impossible to operate especially since the upcoming festivities would necessitate the payment of bonus to employees.

Dispute had also been raised alleging that the bills raised by the school authorities are not in accordance with the order passed by the Court on October 13, 2020. In this regard, several contempt applications had also been filed.

The Court directed that all such applications must be listed for hearing on December 3, 2021 at 2PM.

However, it was ordered that in the meantime the school children have to pay the entire school fees including the disputed amount by October 25.

"In the meantime, the students shall have to pay the entire claim made by the school authorities, without prejudice to their rights and contentions in the manner indicated herein. The undisputed/admitted part of the bill and the disputed part of the bill may be segregated by each student and paid separately, indicating in a written note accompanying such payment the amount which is disputed and which is admitted. The school authorities will be entitled to straightway appropriate the admitted amount. They shall also receive the disputed amount, deposit the same in a separate account and keep an account. Such payment has to be made by the students positively by 25th October, 2021", the Court instructed.

School authorities were further directed to file an additional affidavit indicating the payments received in accordance with the order. They were also ordered to prepare a list of defaulters and the total amount due from each of them.

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

Click Here To Read/Download Order