Distressing, unfortunate: Kerala High Court raps CBSE for "washing their hands off" excessive fees collected by its schools amid COVID-19

Hearing a batch of writ petitions challenging excessive fees charged by CBSE-affiliated schools in the State amid the pandemic, the Kerala High Court berated the Board for its "helplessness" at implementing the Court's prior directives on school fees..The Court had earlier instructed the CBSE to verify that its affiliate schools were charging fees proportional to expenditure by examining accounts furnished by them. In response, the Board told the Court that it was not in a position to verify the income and expediture of the schools. .A Single Judge Bench of Justice Devan Ramachandran noted that the CBSE had nowhere explained why it was unable to do the necessary verification..It has thus now come about that the CBSE appears to be washing their hands off completely from the issue at hand and placing it squarely on the shoulders of the Government of Kerala...Kerala High Court.Terming the CBSE's stance 'distressing' and 'unfortunate', Justice Ramachandran has now asked the State Government to respond on how it was planning to ensure fee collected by schools in the State was proportional to expenditure..Senior Government Pleader Nisha Bose submitted that the State government had issued a directive dated December 2, 2020 requiring all schools in the State not to charge fees in excess of expenditure..Directing the government's counsel to obtain instructions on how it was planning on implementing its circular, the Court queried the State as to:whether a specified Authority in the State Education Department would examine complaints about excessive fees and,whether income and expenditure statements filed by schools could be verified and scrutinized ..The Judge added:"I do not require the CBSE to now issue any further circular since even if they do so, they themselves admit that they are powerless to enforce the same. I do not, therefore, want the CBSE to do something which is nothing but an empty formality, wasting precious resources and nothing more.".The petitioners before the Court were directed to remit the first term fees by the next date of hearing "as a final indulgence". .The Court described this direction as an indulgence in light of its earlier order requiring the petitioners to remit the amounts by November 20..The matter, which initially began as action by each petitioner against individual schools, now consists of 17 petitions challenging exorbitant rates charged by school fees..During one of the prior hearings of the matter, the Court censured a certain school for charging a 'celebration and miscellaneous fee' amid the pandemic. .When asked to justify this head of fee, the school's counsel submitted that the fee was used to finance virtual Onam celebrations for students at the school..Expressing displeasure, Justice Ramachandran enjoined the school to limit its fee levies to expenses actually incurred and submit to its detailed explanation for the heads of fees..Advocates Shyam Kumar S, Gokul Sudhakaran, BH Mansoor, and others are appearing for the lead petitioners, while Standing Counsel Nirmal S represented the CBSE. Senior Government Pleader Nisha Bose appeared for the State..Read the order here: