Expected From Parents To Pay Necessary Fees Or Some Installments To Pvt Schools Which Have Settled Fee Structure After Apex Court's Decision, Rajasthan HC

In this matter, petitioners are students of respondent No.1-Cambridge Court High School, which have allegedly deprived the petitioners to write their examination starting from 03.03.2022. Their parents gave several representations to the Authorities and requested to fix the fees as per the directions of the Apex Court, but did not receive any response. It was informed that the District Education Officer also sought explanation from the respondent school, however, no such intimation has been given by them.

Justice Ashok Kumar Gaur, ruled,

"The children or their parents, if they have enrolled in private schools and the fees structure after decision of the Apex Court, is settled by the School, it was expected from the parents that the necessary fee or at least some installments, should have been paid by them."

The court pursued that the petitioners and their parents have admittedly not paid any fee for the Academic Session 2021-2022 and further in certain cases even fee has also not been paid for the Academic Session 2020-2021.

In this regard, the court opined that it is afraid to accept the submission of counsel for the petitioners that even if fee is not paid by the children or their parents due to genuine reasons, still they are entitled to write the exam.

While dismissing the stay application and observing that no case is made out in the present case, the court asked the counsel for the respondent to file a reply within a period of three weeks.

The counsel for the petitioners submitted that Apex Court in Indian School Jodhpur & Anr. Versus State of Rajasthan & Ors. directed private schools to allow the students from attending Online Classes or Physical Classes and that no students should be debarred from attending the classes only on account of not paying the money/arrears/outstanding fees, including the installments which parents were bound to pay. He also submitted that the Apex Court has also made it clear that the difficulty of the parents to remit annual fees is also required to be considered by the management on case-to-case basis sympathetically.

The counsel for the respondent has produced one chart before this Court whereby details have been given of different petitioners. He submitted that most of the petitioners have not paid any fee for the Academic Session 2021-2022 and in certain cases, the fee has also not been paid for the Academic Session 2020-2021. He submitted that in some cases the petitioners have attended the classes till 26.10.2021 and yet no fee has been paid by them. He argued that the Exam Schedule is declared much in advance and the writ petition has been filed only at the 11th hour to seek indulgence by the Court in the garb of sympathy to write their examination.

In addition, the counsel for the respondent submitted that the Apex Court has also clarified that the last date for paying the installments referred in the judgment has already expired and still arrears are not being paid by the parents. The School Management may take appropriate action for recovery of the outstanding dues/amount, he added. He further submitted that prayer sought in the writ petition by the petitioners like attending the classes and writing the exams without paying fee will be like granting final relief at this stage.

Case Title: Miss Ikshita Jain v. Cambridge Court High School

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