Kerala High Court
Kerala High Court
Litigation News

Kerala HC directs school to not expel any students from attending online classes merely on account of unpaid fees

The High Court has also asked the petitioners to provide a time frame within which they would be able to pay the requisite fees.

Aishwarya Iyer

The Kerala High Court on Tuesday was constrained to direct a school in Ernakulam to not expel any students from attending online classes merely on account of their incapacity to pay the full school fees, while taking into consideration the COVID-19 pandemic scenario (Biju CM & Ors v State of Kerala & Ors).

The order passed by Justice Devan Ramachandran reads,

"Taking note of the rather distressing situation that has gripped everyone on account of COVID-19 restrictions, I deem it appropriate to direct the fourth respondent not to expel any students including the children of the petitioners from the online classes conducted by them, merely for the reason that necessary fees has not been paid yet."
Kerala High Court

The High Court further directed the petitioners to provide a time frame within which they would be able to pay the fees, on the next date of hearing.

Advocate S Nirmal, the standing counsel for Central Board of Secondary Education (CBSE), informed the court that expulsion of students for want of fees was not encouraged.

He added that he would obtain instructions in the matter and apprise the Court about the same on the next date of hearing.

The matter will now be taken up on September 23.

Read the Order:

Biju CM & Ors v State of Kerala & Ors .pdf
Preview

In June this year, another single Bench of the Kerala High Court had restrained schools from levying additional fees for the conduct of virtual classes amid the COVID-19 pandemic, after noting that the right to education was sacrosanct in the Constitution.

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