Karnataka High Court Protects CBSE, ICSE Schools From Coercive Action Under Govt Order Barring Collection Of Fees Above 70%

The court also directed management of the Institutions affiliated to the ICSE and CBSE Boards and the petitioners' Association to voluntarily put up public notices in their notice boards that they would consider individual grievances of the parents and that the institution will not insist upon the payment of full school fees in the light of the genuine grievances raised by the parents.

The order passed by a single bench of Justice R Devdas said :

"Nevertheless, at this juncture in order to strike a balance, this Court is of the opinion that the petitioner-Institutions are required to consider the grievance of the parents which is a genuine concern in the light of the COVID-19 pandemic, which has affected the citizens of this Country and caused severe damage to their livelihood and consequently, the income of the family. Educational institutions should rise to the occasion."

It added that "Grievance of the parents in the matter of payment of school fee shall be considered on case by case basis."

The court observed though applications have not been made by the parents and parents Association, counsel Narendra Dev, submits that he intends to file an application on behalf of some of the parents and parents Association to implead themselves in these proceedings. Accordingly, it granted liberty to such parents and parents Association to bring to the notice of this Court their grievances and if they are not considered by the Institutions. In the meanwhile, applications may be filed on behalf of the parents and parents Association for impleadment.

The Additional Advocate General had earlier submitted that no coercive action would be taken against the petitioner-Institutions who are affiliated to the ICSE and CBSE Boards, in the matter of prescription or regulating of tuition fee.

It was also informed to the court that the present Circulars/Notification has been issued in the wake of COVID-19 pandemic and several representations given by the parents whose grievance was considered by the State Government and after meetings were held involving the Association of schools. To which the counsel for the association said the Association of Indian Schools which are affiliated to ICSE and CBSE Boards were not called for the meeting.

The bench then said "Nevertheless, this Court is of the opinion that when the question as to the power and Authority of the State Government to give directions to the Institutions affiliated to the ICSE and CBSE Boards are pending consideration at the hand of this Court, and in the light of the submissions made by the learned Additional Advocate General before this Court in W.P.No.6185/2019, the respondent-State Authorities should not be permitted to take coercive steps."

 Recently, the Supreme Court had allowed private unaided schools in Rajasthan to collect 100% tuition fee in 6 equal monthly instalments. A bench headed by Justice Khawnilkar passed the interim order while considering special leave petitions filed by Rajasthan schools challenging a judgment of the Rajasthan High Court which had directed them not to collect more than 70% fees.