Today, the Supreme Court has allowed the private unaided schools in Rajasthan to charge annual school fees as fixed under the Rajasthan Schools (Regulation of Fee) Act 2016, for the academic year 2019-20.
The Apex Court was hearing a bunch of pleas filed by private schools challenging the Government orders directing to defer the collection of school and reducing the fee to 70% of tuition fees. The High Court had upheld the validity of such Government Orders.
The Bench of Justices AM Khanwilkar and Justice Dinesh Maheshwari said that the school shall provide a deduction of 15% on that amount in lieu of unutilised facilities by the students during the relevant academic year 2020¬-21.
“The appellants (school Management of the concerned private unaided school) shall collect annual school fees from their students as fixed under the Act of 2016 for the academic year 201920, 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.” as per the issued direction.
Further the bench observed that the School Management supposedly engaged in doing charitable activity of imparting education, is expected to be responsive and alive to that situation and take necessary remedial measures to mitigate the hardship suffered by the students and their parents. It is for the school Management to reschedule payment of school fee in such a way that not even a single student is left out or denied opportunity of pursuing his/her education, so as to effectuate the adage “live and let live”.
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.
The Court has issued various directions as an one-time measure to do complete justice between the parties in the case of Indian School, Jodhpur Vs. State Of Rajasthan and Others.