Karnataka High Court Stays GO Directing Educational Institutions To Collect 85% Tuition Fees As Against The Annual School Fee

A single judge bench of Justice Ashok S Kinagi while hearing the petition filed by Karnataka Education Society & Ors said that, "Petitioners have made out a prima-facie case for grant of interim order. Hence, there shall be stay of the impugned order vide Annexure-A till the next date of hearing, insofar as the petitioners - Institutions (St Pauls English School and Presidency School), are concerned."

Senior Advocate Uday Holla and Advocate Farah Fathima, representing the petitioners, had argued that, "The petitioners - Institutions are religious minority institutions and do not receive any aid from the Government. The petitioners - Institutions are undergoing their 2nd term in the academic year 2021-22. In view of the impugned order dated 11.11.2021 issued by the respondent with regard to payment of 85% of tuition fee, there is a chaos and confusion in payment of fee by the parents for academic years 2020-21 and 2021-22."

It was also brought to the notice of the court that the order passed by this Court on 16.09.2021 in W.P.No.4818/2021 connected with other matters and also in view of the judgement passed by the Hon'ble Apex Court in the case of Indian School, Jodhpur and another Vs. State of Rajasthan and others, the Schools were directed to collect the annual school fee (includes tuition fee, amenities, infrastructure, facilities, maintenance etc.,) as fixed for the academic year 2019-20, but has provided a reduction of 15% on that amount in lieu of unutilized facilities by the students during the relevant period of academic year 2020-21. Hence, the impugned notification issued by the respondent is contrary to the law laid down by the Hon'ble Apex Court and by this Court in the aforesaid decisions.

The petition states that the impugned order dated 11.11.2021 passed by Respondent directing the Schools to collect 85% of tuition fee of 2019-20 for year 2021-22 as against the Annual School Fee is highly arbitrary, illegal and gross violation of rights guaranteed under Article, 14, 19(1)(g), 21, 30 of the Constitution of India.

The court issued notice to the respondents and posted the matter for further hearing in the month of January, 2022.

Case Title: : Karnataka Education Society v. State of Karnataka

Case No: WP 22189/2021

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