School Fees amid COVID-19: Madras HC asks if scheme can be framed to allow payment of fees in instalments for a while [Read Order]

The Madras High Court on Wednesday urged that a scheme be formulated to allow the payment of school fees in instalments for a while, with a view to balance the interests of private educational institutions and parents of students facing financial constraints amid the COVID-19 pandemic (Federation of Association of Private Schools in Tamil Nadu and ors. v. Government Office of Revenue and Disaster Management and ors). .Justice R Mahadevan passed the interim order while considering pleas moved by associations of private schools as well as Consortium of Self Financing Professional Arts and Science Colleges in Tamilnadu challenging an April 2020 notification issued by the Tamil Nadu Government barring the forcible payment of fees in view of the COVID-19 crisis. .Appearing for the petitioners, Senior Advocate KM Vijayan and Advocates E Vijay Anand and Hema Muralikrishnan made submissions on the plight of educational institutions in the wake of the April 2020 notification. .It was argued that when education is being imparted online and students are availing this benefit, the institutions are entitled to charge tuition fees, to meet out their infrastructural expenses. .It was also pointed out that the Government has stalled the collection of fees not only for the current academic year but also for the academic year 2020-21. A grievance was raised that the Government wanted the Institution to pay the salaries of the teachers without collecting fees from the students..Appearing for the State, Advocate General Vijay Narayan, however, suggested that as far as private schools were concerned, the funds provided by the State to reimburse the fee of 25% of seats reserved for students from lower socio-economic backgrounds under the Right to Education Act may be utilised towards paying salaries for the next few months..Peritnently, AG Narayan highlighted that the challenged Government notification only restrains private schools from forcibly collecting fees. The notification does not prevent parents from paying the school fee voluntarily, he submitted. .After considering the various submissions, and in view of decisions taken by various High Courts on allied issues, the Court has now called for the formulation of a scheme to allow the payment of fees in installments. ."The petitioners herein are directed to formulate an equation/Scheme with respect to collection of fees, not based on the fee structure framed by the Committee, but in instalments for a while, without prejudice to the rights of the parents and children, by way of detailed representations and submit the same to the Government", the order states..The Court has directed that an advance copy on the scheme formulated be marked to the Advocate General by July 2. On the representation having been made, the Government is to take decision on the proposal and file a report on or before July 6. The matter has been posted to be taken up next on July 8..Read the order: