SC asks 36,000 private schools of Rajasthan to charge 15% less fees from students

New Delhi, May 3

The Supreme Court on Monday directed 36,000 private unaided schools of Rajasthan to charge 15 per cent less annual fees from students in academic session 2020-21 and made clear that no students be barred from attending virtual or physical classes and their results be not held up due to non-payment of fees.

The top court upheld the Rajasthan High Court’s judgment in rejecting the challenge to the validity of the Rajasthan Schools (Regulation of Fee) Act, 2016 and the Rules framed under the law governing fixation of school fees by the government-mandated procedures.

A Bench comprising justices AM Khanwilkar and Dinesh Maheshwari, in its 128-page judgment, made clear that the truncated fees for academic year 2020-21 would be payable in six equal instalments by students or guardians.

“Undeniably, an unprecedented situation has had evolved on account of complete lockdown due to pandemic. It had serious effect on the individuals, entrepreneurs, industries and the nation as a whole including in the matter of economy and purchasing capacity of one and all.              

“A large number of people have lost their jobs and livelihood as aftermath of such economic upheaval. The parents who were under severe stress and even unable to manage their day-to-day affairs and the basic need of their family made fervent representation to the school management(s) across the state,” Justice Khanwilkar noted in the verdict.

“The appellants (schools) shall collect annual school fees from their students as fixed under the Act of 2016 for the academic year 2019-20, but by providing deduction of 15 per cent on that amount in lieu of unutilised facilities by the students during the relevant period of academic year 2020­21,” the verdict said.

The amount so payable by the concerned students be paid in six equal monthly instalments before August 05, 2021, it said, adding “it will be open to the schools to give further concession to their students…”.

“The school management shall not debar any student from attending either online classes or physical classes on account of non-payment of fees, arrears/outstanding fees including the instalments, referred to above, and shall not withhold the results of the examinations of any student on that account,” it said.

The top court also said if any individual request is made for waiver of fees, then the school management should consider such a representation on “case­to­case basis sympathetically”.

The Bench said its judgment, however, will not affect collection of fees for academic year 2021-22 by schools. PTI