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On Wednesday, a special branch consisting CJI SA Bobde, Justice AS Bopanna, and Justice Hrishikesh Roy issued an order returnable within two weeks on the Special Leave Petition (SPL) filed by Principals Progressive Schools Association and St Jude's School, Dehradun against the order of Uttarakhand High Court. The order of HC said that the private unaided schools could not demand tuition fees from the parents during the time of lockdown. Chief Justice Ramesh Ranganathan and Justice RC Khulbe of the Uttarakhand High Court held that "it is only those students, who are able to access the online course being offered by the private educational institutions, who would be required to pay the tuition fee, if they choose to do so. Children, who do not have access to the online course, cannot be asked to pay the tuition fee." The HC gave this order while taking into consideration the situation of poor and middle class people.
According to the petitioners, making optional or voluntary the payment of fees even for those who have attended online classes is very unreasonable. Their petition reads as “The Hon'ble High Court has effectively passed final directions keeping the matter pending only or compliance, and erroneously held that even those students, who are able to access and attend the online classes being offered by the private unaided schools may pay the tuition fee only if they choose to do so".
The petitioners said that the order making payment of fees optional, is an infringement of their Fundamental Right mentioned under article 19(1)(g) and cannot be considered as a reasonable restriction. They also contended that the order is breaching the Principle of Natural Justice as Private Schools were not given a chance to defend themselves and concerned boards i.e. CBSE, ICSE and State Board were not even made party of the proceeding.
Senior Advocate PN Mishra, along with Sudhir Naagar, AOR and Advocate Priyanka Singh defended Principals Progressive Schools Association and Advocates Zoheb Hussain, Adeeba Mujahid(AOR), Vivek Gurnani, Sanjeev Menon and Sharukh Ali defended St. Jude’s, Dehradun.
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