The Chhattisgarh Supreme Court allowed private schools to charge tuition fees without an increase overturning the state government’s order to prohibit schools from charging.
The Bilaspur Private School Association had contested the order of the director of public instructions, Chhattisgarh, after which the director, Public Instructions Govt. of Chhattisgarh issued an order on April 1 stating that all private educational institutions should continue to charge school fees and not be compelled to recover them.
HC’s verdict was delivered on Monday by Judge P. Sam Koshy.
“The association had contested the director’s order for public orders before the High Court. The association claimed that the private school had not received any financial support from the state government and fees were the only source of income, ”said Ashish Shrivastava Association lawyer.
Shrivastava further said that HC heard the petition and overturned the state government’s order that the private school only charge tuition fees without revising or increasing the fees.
The court categorically instructed educational institutions not to increase or revise their tuition fees until the situation normalized.
“..The fees that the respective institutions charge for staff salaries, both for teaching and for non-teaching, must be raised first. No institute is allowed to withhold the percentage of salary, and schools cannot reduce the salary of one of their existing employees from what that employee received before the vesting period, ”the ruling said
The court also ruled that educational institutions should also develop a mechanism to ensure that online educational institutions reach all students in their school.
“However, this court would like to instruct the petitioner and the members of the Petitioners’ Association to develop a mechanism to deal with exceptional situations in which a parent cannot pay the fee for real reasons. Accordingly, it is pointed out that in the event of an acute financial crisis of a parent with no means to pay school fees, that parent / these parents should contact the respective school authorities, who in turn may consider this and if necessary it may also be properly reviewed or verified on its own by asking the parent to provide the necessary information to assess whether or not he is able to pay the fees by providing information such as the financial status of obtains the parents, the information on the parents’ income, including the assets on behalf of the parents, etc., and then adopts an appropriate decision, ”says the ruling.
It is also envisaged that each member of the Petitioners’ Association will develop a mechanism to ensure that online educational facilities reach all students in the school. In other words, in a particular situation where a candidate is unable to access the online educational institution, the institution should develop a system to provide students with such learning materials that the Students can continue their / their studies continuously, the verdict added.