Madras HC Warns Private Schools Of Contempt If They Insist Upon Collection Of Entire Fees For Upcoming Academic Year [Read Order]

"If this Court finds that there is any violation, this Court will not hesitate to initiate Contempt Proceedings against the persons incharge of the School," remarked the bench of Justice N. Anand Venkatesh while seeking strict implementation of its previous order permitting schools to collect only 40% tuition fees as 'advance fees' for the upcoming Academic Year.

Madras HC Allows Pvt. Unaided Institutions To Collect 40% 'Advance Fees' Pending Resumption Of Physical Classes

"The unaided private institutions shall collect 40% of the tuition fees as an advance fees based on the tuition fees collected during the academic year 2019-2020. This advance fee shall be paid by the students on or before 31.08.2020," Justice Venkatesh had ordered earlier this year, to balance the interest of all the stakeholders.

However, in a plea filed by the TN Nursery Primary Matriculation Higher Secondary Schools Association, seeking relaxation of this order, the bench was informed that Educational Institutions were insisting on payment of the entire fees and the parents were hesitant to give a written complaint, fearing consequences.

Taking a very serious note of the violation, the Court has sought a report from the Education Department, including particulars of the Schools that are in violation of the HC order.

"Based on the oral complaint, the Education Department shall conduct an immediate enquiry and if it is found that the Institutions are collecting fees in violation of the interim orders passed by this Court, immediate action shall be taken against the Schools. The particulars of the Schools shall also be provided," the order states.

So far as the relief sought by the Petitioner-Association is concerned, the bench clarified that its order dated July 17 squarely applies to the present Petitioner and no orders need to be passed to that extent.

The matter is now posted for hearing on August 17, 2020.

Case Details:

Case Title: Tamil Nadu Nursery Primary Matriculation Higher Secondary Schools Association v. Revenue and Disaster Management Department & Ors.

Case No.: WP No 9987/2020

Quorum: Justice N. Anand Venkatesh

Appearance: Advocate D. Baskar (for Petitioner); Additional Government Pleader V. Annalakshmi (for Respondents)

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