Setback to Parents : Supreme Court Allows Schools To Collect Full Fees In 6 Monthly Installments

News Punjab, 8 February

Staying a Rajasthan High Court judgment which allowed private unaided CBSE schools to collect only 70% tuition fee, the Supreme Court on Monday allowed such schools to collect the entire fee from students in six equal monthly installments.

A bench headed by  held that managements would be entitled to collect fees from the students as notified for the academic year 2019-2020 in 6 months installments commencing from March 5, 2021.

However, the Court imposed a condition that schools cannot debar students or withhold their exam results on the ground of non-payment of fees or installments.No student can be debarred from appearing in the Class X or XII exams on the ground of fee default. But the parents of the students should give an undertaking that the arrears will be paid later.

The Court also clarified that this was an interim arrangement subject to the final orders to be passed after hearing. The interim order will not prejudice the rights and contentions of the parties.

Further, the Court stated that the installment arrangement is independent of the current fees which would be payable by the students for the academic year 2021-2022

The Court also directed the State of Rajasthan to clear the outstanding arrears with respect to the unit costs of private schools, which cover the costs borne by such schools to teach the 25% students belonging to Economically Weaker Sections as mandated by the Right to Education Act, within one month.

The bench, also including Justice Dinesh Maheshwari, was hearing a batch of petitions filed by private CBSE schools challenging the judgment passed by the Rajasthan High Court on December 18 which allowed schools to charge only 70% of the tuition fees.

Another bench led by Justices Ashok Bhushan is considering a batch of petitions filed challenging a Calcutta High Court judgment which directed private schools to slash the fees by 20%.