School fees amid COVID-19: Calcutta HC reprimands petitioner for using social media to propagate interests

The Calcutta High Court recently cautioned a petitioner against using social media to canvass his interests. .The Court was hearing a case filed registering protest that schools in West Bengal were unduly demanding the payment of fees without any relaxation amid the COVID-19 pandemic (Vineet Ruia v. State of West Bengal and Ors). .Students should be given unconditional access to online classes until Aug 15: Calcutta HC directs 112 private unaided schools [Read Order].The Court on Monday expressed its displeasure over the petitioner having circulated online the State Government's affidavit-in-response in the case..The Bench of Justices Sanjib Banerjee and Moushumi Bhattacharya cautioned the petitioner against using social media to "propagate his interests in the case", adding that he would be excluded from the case and an amicus appointed instead if he continued his use of the media for the purpose. ."The petitioner will refrain from using the social media to propagate the petitioner’s interests in this matter; or else the petitioner may be excluded from the proceedings."Calcutta High Court.The Court added, ."There is, no doubt, an element of public interest involved. Merely because the petitioner is publicity hungry, it may not result in the petition being dismissed; but the petitioner may be shut out and an amicus curiae appointed in the event the petitioner uses this forum for the petitioner’s political gains.".The Court also noted that the petitioner had failed to serve proper notice of his plea to the 112 respondent-schools party to his petition. .Additionally, the Court found that the notice served to the Central Government through the Additional-Solicitor General was incomplete. As recorded in the order, annexures to the petition and a subsequent supplementary affidavit filed by the petitioner were not served on the Central Government..Apart from this, the data furnished relating to the respondents was also incomplete, the Court found. .Because of the incompleteness of the data as well as the improper service of notice, the Bench informed that it could not consider the matter in its entirety yet, more so given the element of public interest involved..Given the incomplete notice, the Court expressed concern on Monday that all the affected parties were made aware of the proceedings and given an opportunity to participate..The Bench said,."There are many difficulties in a virtual hearing being conducted and care and caution must be exercised that parties likely to be affected by the proceedings or any orders passed therein are not missed out. At this moment, the court cannot be confident that the parties likely to be affected have been informed."Calcutta High Court.Therefore, the Bench ordered a proper service of notice to all the parties and adjourned the plea by a week. .The petition seeks appropriate discounts in the payment of school fees this year on account of reduced costs in the running of private, unaided schools amid the COVID-19 pandemic. .The petitioner claims that schools across the State continue to demand regular fees despite the schools not functioning for the last four months. Advocate Priyanka Agarwal appeared for the petitioner..Bench concerned over physical presence of lawyers in Court.In the same order, the Bench also expressed its alarm over the physical appearance of advocates in Court amid the pandemic, despite the restrictions on physical entry and the introduction of virtual court hearings for cases. ."It is alarming that several advocates are in court to do the matter when the court has not resumed physical functioning and the physical appearance in court is restricted to persons not having access to technology or the resources to conduct litigation on the virtual platform."Calcutta High Court.Read the Order here:.Restricted physical hearings are being conducted in the Calcutta High Court only for those who are unable to use or access the technology to litigate over the internet..Virtual Hearings to continue even after July 27, only fresh urgent matters may be filed: Calcutta HC [Read Notification]