Schools Fees : Supreme Court Stays Allahabad HC Order Directing Schools To Refund/Adjust 15% Fees Paid During COVID-19

The Supreme Court  on today stayed an order of the Allahabad High Court which had directed the schools in Uttar Pradesh to refund or adjust 15% of excess fees charged during the 2020-21 academic session, amid the COVID-19 period. The schools were forced to remain shut during the pandemic.

A Bench of Justices Sanjiv Khanna and MM Sundresh passed the order today in a plea moved by petitioners, Lotus Valley International School.

Urging to stay the order, the Senior counsel Shyam Divan appearing for the petitioners submitted that the High Court had passed the direction without hearing them or any other private schools in the matter. Therefore, the order is not right in the eyes of law, he argued.

It was also argued that the High Court, while passing its directions, went beyond what the Top court had held in the Indian School, Jodhpur vs State of Rajasthan case and so, violated the principles of natural justice.

Additionally, Senior Advocate Kavin Gulati along with Advocates Avi Tandon, Meghna Tandon and Ami Tandon appeared for the other Petitioner Tagore Public School in Special Leave Petition (Civil) Diary No. 17070 of 2023.

In January, the Allahabad High Court had directed the private schools to adjust/pay back the excess money (15% of the total fee) that was charged from students during the COVID Pandemic period (2020-21 session). The High Court had passed the order, following the Supreme Court’s order which had directed to refund 15% fees in the Indian School case.

“It is made clear that in case any fee has been paid in excess of what has been determined by the Supreme Court in the aforesaid judgment, in the case of the students still studying, the same may be adjusted in the fee to be paid in future. In case of students who have passed out or left the school, the amount may be calculated and returned to those students. Let the entire exercise be done within two months of date”, the High Court’s order read.

Senior Advocate Kavin Gulati along with Advocates Avi Tandon, Meghna Tandon and Ami Tandon appeared for another private school in Allahabad.

Case Title: Lotus Valley International School v. State of Uttar Pradesh & Ors

Click Here To Read/Download Order