'Clear Lapse By The School In Not Accessing Their E-Mails': Delhi HC Directs School To Waive Off One Month's Tution Fee Of Contempt Petitioners [Read Order]

The bench of Justice Prathiba M. Singh observed that the omission was a result of school's failure to access its email, whereby the Court order to permit the Petitioners to attend online classes with immediate effect, was served on the school.

"After hearing the submissions of the parties, there appears to be a clear lapse by the School in not accessing their e-mails during this entire period and not complying with the order passed by this Court," the bench noted.

It added,

"considering that the Petitioners were forced to litigate, initially by filing a writ petition and thereafter a contempt petition, the School shall waive one months' tuition fee of the Petitioners."

The Court was hearing a contempt petition filed by two students, alleging that the school had not complied with the previous order whereby the single-Judge had directed them school to give access to online classes to the Petitioners and also intimate them as to the outstanding fees.

"Despite notice being served and the order being served on the e-mail of the School, the Petitioners were not allowed to access the online classes. The outstanding fees due from the Petitioners was also not communicated to them," the Court was informed.

On an enquiry from the school it was disclosed that the emails were not accessed as there was no Private Secretary in the school since March 2020 and the Principal was unavailable due to loss of her father.

Though the Court was despondent that two children had suffered on account of school's failure to access its emails, it sympathized with the principal and closed the contempt proceedings with the following directions:

• School shall waive one months' tuition fee of the Petitioners;
• If the students have missed any examinations or class tests, etc. the School shall make appropriate arrangements for the students to take re-examinations or re-tests so that they do not suffer in any manner;
• All the course material as supplied to other students shall also be supplied to the Petitioners within a period of one week.

Case Details:

Case Title: Master Vipul Yadav & Anr. v. Ms T Shrivastava & Ors.

Case No.: CONT.CAS(C) 379/2020

Quorum: Justice Prathiba M. Singh

Appearance: Advocates Khagesh B. Jha & Shikha Sharma (for Petitioners); Advocates Kamal Gupta and Ashwini Kumar Singh (for Respondents); ASC Santosh Kumar Tripathi (for DoE);

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