COVID-19 caused damage to livelihood, schools should rise to the occasion: Karnataka High Court in plea against GO capping school fees at 70%

The Karnataka High Court has directed State authorities to refrain from taking any coercive steps against members of the Association of Indian Schools (AIS) for any breaches of the government order mandating collection of only 70% tuition fees for the academic year 2020-21 (Association of India Schools v. State of Karnataka)..The order was passed in a batch of petitions challenging the January 29 government order directing private, unaided educational institutions to collect only 70 per cent fees for the academic year 2020-21 and to refrain from collecting other charges, in view of the closure of schools due to the COVID-19 pandemic..The Court also directed the management of institutions affiliated to the Indian Certificate of Secondary Education Examination (ICSE) and the Central Board of Secondary Education (CBSE) as well as AIS to put up public notices on their notice boards stating that they would consider individual grievances of parents and that they would not insist upon the payment of full school fees in case genuine grievances are raised by the parents. .The order was passed by Justice R Devdas of the High Court. ."Nevertheless, at this juncture in order to strike a balance, this Court is of the opinion that the petitioner-Institutions are required to consider the grievance of the parents which is a genuine concern in the light of the COVID-19 pandemic, which has affected the citizens of this Country and caused severe damage to their livelihood and consequently, the income of the family. Educational institutions should rise to the occasion....Grievance of the parents in the matter of payment of school fee shall be considered on case by case basis," the order said. .During the hearing, advocate Narendra Dev submitted that he intends to file an application on behalf of some of the parents and parents' associations to implead themselves in these proceedings. Accordingly, the Court granted liberty to such parents and parents' associations to bring their grievances to the Court's notice if the same are not considered by the schools..Additional Advocate General appearing for the State had earlier submitted that no coercive action would be taken against the petitioner institutions who are affiliated to the ICSE and CBSE Boards, in the matter of prescription or regulation of tuition fee. .The Court was also informed that the present circulars have been issued in the wake of the COVID-19 pandemic. The State said that it had considered several representations by parents after meetings were held with associations of schools. AIS replied that its schools were not called for such meetings..Justice Devdas then noted that the question of whether the State government could issue directions to ICSE and CBSE schools was pending consideration."Nevertheless, this Court is of the opinion that when the question as to the power and Authority of the State Government to give directions to the Institutions affiliated to the ICSE and CBSE Boards are pending consideration at the hand of this Court, and in the light of the submissions made by the learned Additional Advocate General before this Court in W.P.No.6185/2019, the respondent-State Authorities should not be permitted to take coercive steps," the Court said. .The matter will be next heard on March 24..Recently, the Bombay High Court had refused to decide on the validity of the May 2020 Government Resolution (GR) which barred private schools from hiking their fees for the academic year 2020-21 in view of COVID-19 pandemic..[Read Order]