Madras High Court Permits Private Educational Institutions To Collect Balance 35% Tuition Fee For Current Academic Year

In July, the High Court had allowed all unaided private institutions in the state of Tamil Nadu to collect 40% of the tuition fees as 'advance fees', based on the tuition fees for the academic year 2019-2020. At that time, it was directed that balance of 35% of the fees shall be collected within a period of two months from the date on which the institution is reopened and physical classes commence.

However, in its order dated November 18, a Single Bench of Justice N. Anand Venkatesh took judicial notice of the fact that due to Covid-19, re-opening of schools and commencing physical classes may not take place till the end of this year.

In view thereof it said,

"If physical classes cannot be commenced till the end of this year, it will effectively leave only three months of regular functioning during this academic year from January to March 2021 and rest of the two months will be spent on conducting the examinations. In fact, public examinations may even be commenced and completed before April 2021. Therefore, it will be fit and proper to consider the request made by the institutions to collect the balance 35% of the fees."

The Court has ordered:

• Unaided private institutions are permitted to collect the balance 35% tuition fees for the academic year 2019-2020;
• This fees shall be paid by the students on or before 28.02.2021.
• It is left open to the institutions to collect this 35% fees in instalments by issuing an appropriate circular.

Several institutions had informed the Court that in some cases, students had not paid even the 40% fees and the arrears fees payable for academic year 2019-2020. It was urged that the Court should consider giving further directions for the payment of the balance fees, to enable them to meet various expenses.

In this regard, the Court thus ordered,

"Any student who has not paid the initial 40% fees and/or the arrears of fees payable for the academic year 2019-2020, shall pay these fees also apart from the balance of 35% of the fees."

Before parting, the Court cautioned the educational institutions against demanding entire tuition fee from students. It said that action will be taken against such institutions that are found to be in contravention of this order. (District Educational Officers and Chief Educational Officers shall identify such institutions)

The matter is now listed for hearing on March 1, 2021.

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