Private schools undertake to reduce, waive off, or defer fee from parents in dire straits

Tribune News Service 

Chandigarh, June 12

 Private-unaided schools before the Punjab and Haryana High Court today undertook to reduce, waive off, or defer fee payment in case of parents in dire straits due to Covid outbreak.

 The undertaking before Justice Nirmaljit Kaur came on pleas by the schools challenging May 14 directives on charging only the tuition fee. In one of the petitions, Independent Schools’ Association through counsel Aashish Chopra had contended the directives were illegal arbitrary, without jurisdiction and rationale. Parents, subsequently, moved the Court for also being heard. Punjab Advocate-General Atul Nanda too appeared before the Bench claiming there was no question of financial hardship since schools conducting online classes would continue to charge fee “in respect of such classes”.

 Representing no less than 3,500 schools, senior advocate Puneet Bali submitted the cases of parents in genuine distress would be considered on individual basis for fee waiver, reduction and deferment.

 Bali also questioned the State’s jurisdiction to order independent bodies against charging for services. Referring to 2016 regulations, Bali submitted fee to be charged included salary and development charges. As far as transportation charges were concerned, Bali added the schools were required to pay for permits and road tax, besides salary to the conductors and the drivers.       

 Bali added the State wanted the schools to pay for everything and not charge anything. If the State was willing to take the burden of paying fee and salaries, the schools would not charge even a single rupee as fee.       

 Defending the State’s stand, Nanda referred to 187-page reply filed by him stating among other things that the memo reasonably prohibited the charging for meals, transportation, buildings. Meals and transportation were not being offered and the buildings were closed. Besides, it was a policy decision and the same could not be tested in writ proceedings under Article 226 of the Constitution. He added other States had passed similar orders, without intervention by the Courts

 Nanda was earlier asked by the Bench to intervene for resolving the issue, following which a series of meetings were held with all concerned. Punjab Chief Minister was also kept in the loop. His stand to resolve the issue was today backed by a section of lawyers for striking a balance the rights of parents and the stand of private schools.

 The parents will now be heard on June 15; all parties will exchange written arguments the next day and remaining arguments could be heard on June 17, if required, arguments will continue on next day at 2:15 PM.