Allahabad High Court directs schools in Uttar Pradesh to refund/ adjust 15% fees paid during COVID-19 pandemic

The Allahabad High Court recently directed schools in Uttar Pradesh to refund or adjust 15% of the extra fees charged during the 2020-21 academic session, when the COVID-19 pandemic forced them to shut, towards fees to be paid in the future [Adarsh Bhushan v. State of UP]..A Bench of Chief Justice Rajesh Bindal and Justice JJ Munir held that fees paid in excess of what was determined by the Supreme Court in its judgment in Indian School, Jodhpur v. State of Rajasthan would be adjustable towards future fees."It is made clear that in case any fee has been paid in excess of what has been determined by the Supreme Court in the aforesaid judgment, in the case of the students still studying, the same may be adjusted in the fee to be paid in future. In case of students who have passed out or left the school, the amount may be calculated and returned to those students. Let the entire exercise be done within two months of date," the Court ordered..Aggrieved parents of students from across the State had moved a public interest litigation (PIL) seeking regulation of fees in all government and private schools in Uttar Pradesh.Counsel for petitioners submitted that fees is a matter of quid pro quo, and that since no service except online tuition was provided by private schools in the year 2020-21, charging even a single rupee over and above the tuition fee was uncalled for.In support of their contentions, the petitioners also cited the recent judgment of the Supreme Court in Indian School, Jodhpur v. State of Rajasthan, where it was held that private schools demanding fees without providing any services amounts to profiteering and commercialization of education.The expenses incurred by such schools were not commensurate to the physical classes held in schools, it was argued. Hence, the students were not liable to pay the same school fee as paid during the 2019-20 academic session..The petitioners were represented by Advocates Yanendra Pandey, Vaibhav Pandey, Swapnil Kumar, Ajay Kumar Singh and Shashwat Anand.Advocate Tej Bhanu Pandey represented the State and other authorities.Senior Advocate Anurag Khanna, along with Advocates Tejas Singh, Kartikeya Saran and Ujjawal Satsangi appeared for the institutions..[Read Order]