Gujarat High Court orders for Private schools to collect tuition fee

The Gujarat High Court has rejected a government order prohibiting private schools in the state from collecting tuition fees until the schools are reopened stating that such an order will force smaller schools to shut down. The court in its decision on July 31, 2020, set aside three clauses of a Government Resolution issued on July 16, 2020, amidst the COVID-19 pandemic. 

Not collecting Fees can affect small schools

The Division Bench of Chief Justice, Vikram Nath, and Justice JB Pardilwala stated that a balance has to be struck between providing the students with a reasonable education and allowing the schools to stay afloat. The decision further stated that not allowing schools to collect the fee will force many of the smaller schools to close down permanently while not providing education to students for a long time will impact their education. The judges further stated that parents must realize that online education is not an incapable effort on the part of the schools while the schools must be aware of the economic instability faced by the parents due to the lockdown. 

Government asked to make efforts for a balance

Rejecting the clause in the Government Resolution, the court has asked the state government to make all the possible efforts to strike a balance to protect the interest of the parents as well as the school management of the private and unaided schools. The impact caused by the pandemic must be shouldered by both parents and school management and the community as a whole and the resolution and actions of the state have the effect of dividing sections of the society, the judge further added. The court further pointed out that if the smaller private schools close down, the parents of the students in the schools will be forced to put in higher fees at bigger schools. 

The Government Resolution has barred the collection of tuition fees even when the schools are offering online classes following which the Union of Private schools has challenged the government's order. The High Court has stated that the schools can charge titan fees which will cover the expenditure on salary, establishment, and curricular activities and maintenance.

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