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The Kerala High Court lead by a Single Judge Bench, Justice CS Dias, restrained certain schools from levying additional fees in respect to conducting of online virtual classes amid COVID-19 pandemic, after taking cognizance of the fact that right to education under Article 26 is sacrosanct/inviolable of the constitution. The court took note of the heartburn projected by the parents of such students who approached the door of the court after certain schools insisted on payment of additional fees other than the academic fees, inter alia, to facilitate virtual classes.
While granting the interim relief to the parents in the matter, the court stated that “the Right to education under Article 26 is the sacrosanct in the Indian Constitution and is mandatory under the Act of Right of Children to Free and Compulsory Education Act,2009”.
Justice Dias suggested that the case is to be referred and should be heard by a Bench of Two Judges keeping in the view of the substantial public interest involved in the matter. The court, while hearing the matter, expressed his anguish over a student taking her life owing to difficulties in view of accessing the virtual classes.
The order states in this regards that it is very disheartening to know that a student allegedly took away her life due to lack of access to the internet for attending the virtual classes. The irony is Kerala is regarded as the most literate state, but students are forced to take their lives due to lack of resources.
The petitioners also pleaded that some states and UTs had formulated guidelines for the conduct of online classes and ordered the schools that the students should not be deprived of education for the want of payment of fees during the lockdown period.
The court concluded in its order by stating that the schools arranged should not levy any additional fees from the petitioners’ children until further orders by the court. The judge, aftermath, adjourned the matter while directing the Registry to place the file before the Chief Justice for further orders.
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