Allahabad High Court seeks response from State on plea to regulate private school fees in Uttar Pradesh, relax fees during COVID-19

A plea was filed before the Allahabad High Court seeking regulation of private school fees in Uttar Pradesh by laying down a policy for charging uniform fees across the State (Anuj Gupta and Ors v. State of Uttar Pradesh and Ors). .The plea by parents association also sought relaxation of schools fees to the tune of 50 percent besides waiver of other miscellaneous charges on account of the fact that classes are now being held online due to the pandemic. "Direct the State Government for the laying down of any criteria/policy/frame work for the charging of a uniform fees, whether in respect of ‘Online Tuition’, or otherwise, under the UP Self-Financed Independent Schools (Fee Regulation) Act, 2018 for private schools," the petition prayed. The petitioner also sought complete waiver of the fees during the period of the consecutive nationwide lock-downs and the closure of all the schools when they provided no service. The plea also sought directions to readmit children/students who were expelled owing to non-payment of fees..A Division bench of Acting Chief Justice MN Bhandari and Justice Rajendra Kumar issued notice to the State government and private schools associations and sought their response."Alright, we will call for counters. All the respondents are directed to file their counter in this petition," the Court said. In this regard, the Court also questioned the State government as to what steps have been taken in this regard, particularly "Have you taken any action in regard to school fees? Specially in the period of COVID19 pandemic?" .The petition filed through advocate Shashwat Anand contended that charging full fees during pandemic by private educational institutes is unethical, illegal and arbitrary."It is picturesque that the Private Schools/Institutions are all engaging in unethical, illegal and arbitrary practices, steeped in cruel and inhumane profiteering from the financially wrecked and broken parents of school-children, all over the State." reads the pleaIt was also pointed out that the petitioners had made several representations and requests to the District Inspector of Schools, and District Magistrate, Moradabad, along with sending emails, letters and representations to the Chief Minister’s Office and making numerous complaints on the Jan Sunvai Portal for the succor of the grievances of the public at large..During the hearing on Wednesday, an objection was raised by the counsel for the school that the petition pertains to "personal interest" and not "public". "This is a personal interest litigation, please see para no. 24/25 of the petition. It is not in compliance of the HC rules. In Para 25, they are talking about personal cases, where the daughter of Petition 6 have been deprived of online classes," it was submitted. .The counsel appearing for the State informed the court that a similar petition is still pending before the Court.The Court, therefore, tagged the matter with the pending case."Alright , let this petition be listed along with Petition No. 576/2020 A. Bhushan v. State of Uttar Pradesh," the order said. The counsel for petitioners urged that interim order should be passed and "no coercive" action should be taken against any students for failure to pay fees as there are allegations that students are not being permitted to attend classes.Taking note of the submissions, the Court questioned the counsel appearing for the State and school."Is it so that you are not allowing the students to appear in the online classes?" The counsel for one of the schools denied the same stating that no incident has been reported so far and there are government orders which are already favoring the petitioners' interest..The matter will be heard again on July 5. .[Read order]