Don't debar any student from attending classes: Gauhati High Court

 Private schools must voluntarily declare their savings/expenses

STAFF REPORTER

GUWAHATI: In a significant verdict the Gauhati High Court has ordered that no private school can debar any student from attending online as well as offline classes due to non-payment of fees in view of the present Covid-19 pandemic situation.

Through the order the high court has also made it clear that the private schools cannot charge fees from students at their own whims and fancies.

A division bench of the Gauhati High Court comprising Justice N Kotiswar Singh and Justice Manish Choudhury on Friday gave the order while disposing a PIL (Public Interest Litigation) on the issue filed in the Gauhati Court (39/2021) by Fazluzzaman Mazumder.

"The issue raised in the PIL was that in that the present COVID-19 pandemic situation, the private schools are still charging their usual fees from the students although classes are not running in the physical form; but only on-line classes are going on. Moreover, the students are also being charged under the heads for which no service is presently being provided to them in this COVID-19 pandemic situation," Mazumder, the petitioner who is also a practicing lawyer, told The Sentinel on Friday.

Advocate Mazumder said the ongoing pandemic has economically devastated many parents and guardians and many of them are not in a position to pay school fees of their children.

"Since 2020, the entire world is faced with an unprecedented situation and Assam is not an exception. Financial crisis has hit almost every sector. But a section of schools are still charging fees from students at their whims and fancies. Fees are being charged for services not being offered for the last two years. Hence I, on behalf of the affected parents, prayed before the High Court to give a direction either to reduce tuition fees and not to debar students from attending classes who are unable to pay fees due to the pandemic situation. We are grateful to the High Court for its verdict," advocate Mazumder said.

During the hearing of the PIL the petitioner raised the issue of regulation of school fees by the Fee Regulation Committee. Accordingly, the Education Department after holding a threadbare discussion with various stakeholders of the private schools in August this year adopted several resolutions.

As per the resolutions a portal for declaration of expenses/savings by the private school authorities will be created by the Fee Regulation Committee and notified by the government.

Private educational institutions will voluntarily declare their savings/expenses before the Fee Regulatory Authority within a month from the date of reopening of schools or within the time notified by the government.

A portal for lodging of grievances by the parents as well as school authorities will be administered by the Fee Regulatory Committee.

Private educational institutions will maintain records of such parents who are not in a better economic condition and take steps for fair and judicious dispensation.

For finding the quantum of fee concession for schools, a grid will be prepared for schools category wise depending upon their fee structure and savings/expenditures.

"All these resolutions in writing were submitted before the High Court by the Education Department on September 7, 2021," advocate Mazumder said. He also made a plea before the High Court that representatives from parents and guardians must be included in the Fee Regulation Committee for the sake of a fair deal and transparency. The High Court has asked the Education Department to give due consideration to advocate Mazumder's plea.

Also Read: Gauhati High Court Allows Students To Attend Online Classes Without Paying Monthly Fee

Also Watch: