Delhi HC allows the school to stop online classes to those students who have not paid tuition fee in spite of no financial incapability

 

Case: Queen Mary School,  Northend  vs  GNCT of Delhi

 

The Court has issued a notice in a petition preferred by a school against the Delhi Government’s order directing private unaided schools to charge only tuition fee on account COVID-19 pandemic.

In a petition filed by Queen Mary School, Northend against the Delhi Government’s order directing private unaided schools to charge only tuition fee on account COVID-19 pandemic. , a Single Judge Bench of Justice Jayant Nath issued notice to Delhi Government.

Please check Delhi Government’s 18th April order here:

The order had directed the schools to ensure that in no case, online classes can be refused to those who are unable to pay the school fee due to pandemic situation and ongoing lockdown condition.

The Petitioner (The School) stated that taking undue advantage of the 18th April order, around 40% of the students have not paid the tuition fee.

 The Petitioner contended that the Delhi Government’s order was in violation of the Delhi School Education Act and also against Article 30 and 19 (1)(g) of the Constitution of India.

The said order is also having no basis in either the Disaster Management Act or The Epidemic Diseases Act.

The Court ordered that where parents are not depositing the tuition fee for more than two months, the Petitioner i.e. School is free to issue a notice to those parents to give an explanation for the default.

Also Read : High Court bars private schools from taking the quarterly fee

Relief for Parents

Delhi High Court ordered

In case the parents are able to convince or demonstrate to the school their financial crisis and financial incapacity to instantly pay the dues, the school shall not take any steps ( i.e. stopping online classes ) for the time being against such parents.

But if the parents are unable to satisfy the school regarding their financial difficulties, the school is free to refuse online classes to those students.

The next hearing in this matter is on 5th August 2020

Also Read: SC refused to entertain plea seeking waiver of school fees and regulatory mechanism PAN India

Also Read: Court orders on school fee payment issue during lockdown

Also Read: Transfer certificate can not be withheld by schools over non-payment of fees