corporate law
Amid rising tensions among parents and students regarding school and college fees, various High Courts have addressed this issue with differing opinions. The decisions from the Allahabad High Court, Uttarakhand High Court, Kerala High Court, Punjab & Haryana High Court, and others demonstrate a lack of consensus. While these courts have attempted to balance the interests of educational institutions, students, parents, and the government, their rulings have not gained widespread acceptance. The matter has now escalated to the Supreme Court, where Public Interest Litigations (PILs) are pending final consideration. There is hope that a conclusive decision will bring resolution to this pressing concern, especially with the uncertainty surrounding the reopening of schools and colleges.
One significant PIL in the Supreme Court has been filed by Advocate Reepak Kansal, seeking "uniform maximum relief" regarding school fees for the duration of the national lockdown. The petitioner argues that it is "illegal" and contrary to the principles of natural justice for schools to demand fees and associated expenses without providing educational services. Notably, the absence of a Force Majeure clause in school admission forms—viewed as a contract between parents/students and schools—suggests that schools cannot collect fees without delivering corresponding educational services.
Furthermore, the petition asserts that online classes were not expressly mentioned in admission forms and therefore fall outside the traditional scope of schooling. As such, only those students who consented to online classes should be charged proportionately for related expenses. The petitioner is requesting that the government waives school fees entirely, citing the various challenges and drawbacks posed by online learning, which students find difficult.
The petition highlights that private schools operate as commercial entities rather than social service providers. It argues that they should share the financial burdens caused by the COVID-19 pandemic like any other business. The petitioner notes that many families are struggling financially due to lockdown measures, making it increasingly difficult for them to meet the schools' fee demands, which they claim are illegal. Hence, a waiver or reduction of fees is requested.
Another PIL has been submitted to the Supreme Court by the NGO 'Justice for Rights Foundation.' This petition seeks an order to waive fees for the upcoming semester due to the financial strain caused by the COVID-19 lockdown. Represented by the founder, Satyam Singh Rajput, along with Advocate Amit Kumar Sharma and two law students, the petition requests a moratorium on academic fees across both public and private institutions and seeks to prevent these institutions from demanding lump sum payments.
The petition emphasizes that educational institutions have been closed since March due to the pandemic and may remain shuttered for an extended period. Although the University Grants Commission indicated that academic sessions might commence in August for current students and September for newcomers, the ongoing rise in infections casts doubt on this timeline.
This ongoing situation raises concerns regarding household incomes adversely affected by the pandemic. The petition argues for a fee waiver for the first semester to ensure that students can exercise their right to uninterrupted education guaranteed by the Constitution. The principle articulated in the petition asserts that "the right to education can only have effective meaning if it is read as a right to continuous and uninterrupted education."
As the Supreme Court considers these critical issues regarding school fees, it will be fascinating to observe how the Court resolves these complex challenges.