Calcutta High Court directs physical opening of schools, order directing 20% reduction of fees vacated

The Calcutta High Court on Friday directed schools in the State to start physical classes in light of the improved COVID-19 situation [Rajib Chakraborty and Ors v. The State of West Bengal and Ors]..The Bench of Justices IP Mukerji and Moushumi Bhattacharya noted in its order,"As the situation stands today, there is substantial remission of the effects of the pandemic. Life in all spheres has become substantially normal. In fact by the notification of the State Government dated 14th February, 2022, even primary and upper primary schools have been thrown open to physical education with effect from 16th February, 2022.Therefore, from now, education in all the schools and other educational institutions covered by this public interest litigation would be physical.".The Court was hearing a batch of petitions filed by several students and parents claiming that despite the closure of schools during the pandemic, they were being charged disproportionately high fees. The school authorities, on their part, were aggrieved by non-payment or incomplete payment of fees by the students..Given the situation, the High Court had passed an order on October 13, 2020 directing that schools and other educational institutions could only charge fees for essential services rendered online, with 20% deduction..The Court has now decided to modify this order, as well as other interim orders passed in the matter. The modifications are:- From February 16, 2022, order permitting deduction of 20% of school fees stands vacated;- Schools and other educational institutions shall be permitted to charge fees according to their policy and arrangement with the students; - Up to February 28, 2022, students shall pay school fees for online classes according to the interim orders passed by the Court so far; - In case of any dispute between the school fees claimed and the school fees payable for the period up to today, 50% of the demand by the school or the admitted amount by the student, whichever is higher, has to be paid by March 15, 2022;- Till March 31, 2022 or until further orders, whichever is earlier, no coercive action like expulsion of any student from the school, withholding of admit card to sit for any Board or school examination, withholding of mark-sheets or certificates on the ground of default in payment of school fees, shall be taken by the schools..[READ ORDER]