Del HC | Schools free to decline Online Education Facility to students whose parents fail to pay tuition fees

Delhi High Court: Jayant Nath, J., while hearing a matter with regard to parents defaulting in payment of tuition fees to schools, held that Schools can decline to provide Online Education facility to the students whose parents fail to explain the reason for the default.

Petition filed sought an appropriate writ to quash the Circular dated 18th April, 2020 and to allow the School to charge the actual expenditure incurred during the lockdown period in the form of fees from the students.

Petitioner submits that the Circular is ultra-vires the Delhi School Education Act.

Contentions

Petitioner’s counsel pointed out from the Circular that no fee except tuition fee would be charged during the lockdown period, another thing that was extracted from the Circular was that in no case, the ID and password shall be denied to getting online access of educational facilities to those students who were unable to pay school fee due to financial crisis.

Due to the above-stated clauses, 40 % of the students defaulted in paying fees which resulted in struggle to pay salaries of the staff and teachers.

Standing Counsel for GNCTD submitted that petitioner was free to take steps including issuing of notice to the parents who defaulted in paying tuition fees.

Decision

Bench held that in view of the above circumstances, if the parents defaulted in payment of tuition fees for more than 2 months, petitioner is free to issue appropriate notice to explain the reason of such default and in case they fail to do so, the petitioner is free to so communicate the same to the parents and decline to provide them ID and Password for online education facility for the students. 

Matter to be listed on 5-08-2020.[Queen Mary School Northend v. Director of Education, 2020 SCC OnLine Del 736 , decided on 08-07-2020]

12 comments

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    Thanks for your suggestion. your blog is so impressive.

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    thanks for sharing amazing article .i really appreciate it

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    It was pleasant for those who are poor and his her guardians are not accomplishing work in COVID – 19

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    It was nice for those what are poor and his \her parents are not doing work in covid -19

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    Its really a very harsh situation for the students who are willing to study but they can’t afford for that and 11th and 12th are those classes where no admission taken in the another school due to cbse circular. This is also the problem for 12th class students who is in the well qualified developed school and they can’t able to change the school due to the fear of lost their year and admission in another school at where they will not get the admission again due to the cbse circular. Govt should take action to help the middle class students. Its a request ???

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    Many Schools are charging excess fees, currently when schools are not operating, there is no usage of electricity, school transportation, other facility/activities of school. Further if there are two sibling of different age studying in different classes i.e. one in 7th standard & another in 2nd standard, many schools are charging same fees for both standards i.e. more than Rs.15,000/-. Is this not a loot with parents ? Many schools have terminated there staff ( Bus Drivers, Peons, Maids) etc paying 30 to 40 % less salary, than also charging high fees. Should this school not be complied to reduce the fees ? and charge what they are paying to school teachers. In pandemic situation also they are doing business and making profit ???

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    It’s nice for those students who are poor and they can’t study in well schools

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      Its really a very harsh situation for the students who are willing to study but they can’t afford for that and 11th and 12th are those classes where no admission taken in the another school due to cbse circular. This is also the problem for 12th class students who is in the well qualified developed school and they can’t able to change the school due to the fear of lost their year and admission in another school at where they will not get the admission again due to the cbse circular. Govt should take action to help the middle class students. Its a request ???

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    It’s very nice

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    This is right parents are not serious about this

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    Hello

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    Nice post

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