The Honorable Supreme Court on October 28, 2020, issued a notice in the case of Association of Schools for ICSE v. Vineet Ruia & Ors. 145 schools challenged the Calcutta high court order which directed the schools to grant a minimum of 20% reduction in school fees.
The Honourable Calcutta High court issued an order on 13 October regarding the same issue for this reduction. The bench of Justice Sanjib Banerjee and Moushmi Bhattacharya issued this order which was filed by guardian’s forum of 145 educational institutions for directing 20% reduction in fees as per the amid COVID-19. It was said that non – essential charges like additional charges for laboratory, craft, extracurricular facilities, sports facilities will not be permitted during the month when schools have not functioned in the physical model. The schools can charge tuition fees charged for the corresponding month in the previous financial year.
The Honorable Supreme Court has issued the stay on directions issued from 8 to 16 in paragraph 61 of the above-mentioned judgment and a hearing on the case will be in detail soon. In the last judgment, Hight court has said that the right to privacy is not absolute in case of breach of school privacy as the rights under Article19 and 30 of the Indian Constitution can not be used for profiteering. This will amount to virtual daylight robbery if there would be no other legislative or executive regulations.
On the other hand, if we consider the part of schools and teachers then they are also facing no increment in their salaries and in such less amount which will be paid by the guardian, this would also not meet their requirements. Schools also have to face expenses even during the pandemic and their conditions could not be ignored too. It was said that if the school incurred a loss then they can make up their loss in the 2021- 23 if regular functioning resumes from March 31, 2021. For such a long period and on such less income the requirements and expenses cannot be met.