Case BriefsCOVID 19High Courts

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]