School fees amid COVID-19: Gujarat HC refuses to intervene after fee negotiations between State and private school association break down

The Gujarat High Court has refused to take a decision for fixing the percentage of tuition fees to be charged by private schools amid the COVID-19 pandemic. .The State had approached the High Court after fee negotiations between the State government and the Federation of Self-Financed Schools (the Federation) fell through. .The Court in its earlier order had directed the State and the Federation to enter into negotiations to fix the tuition fees payable for the pandemic period.."It would be too much to say that the private schools shall not demand any fees. At the same time, we expect the federation and the State Government to sit across the table for the purpose of arriving at some understanding with an open mind and open heart. In other words, both, the federation and the State Government should sit and talk with an open mind and open heart. Once all the issues are resolved amicably, the State Government shall issue a fresh Government Resolution in this regard", it had been stated in the earlier Order..During negotiations, the State had demanded that the Federation effect a flat 25% deduction in tuition fees, which was turned down..Aggrieved, the State preferred the appeal that was the subject of Friday's order..The Federation's stance that the plea is not maintainable was, surprisingly, supported by the Parents' Association. It was, however, submitted that the State ought to have taken a final decision without approaching the High Court. .The Federation claimed that it had communicated a counter proposal to the State on August 17, addressed to the Chief Minister and the Education Minister. This, however, was not accepted, the Federation averred..Observing that the State may take an appropriate decision on the subject of tuition fee percentages, the appeal was disposed of. The Court's order states, ."... we are not inclined to entertain the present application (and are) leaving it open for the State to take an appropriate decision as it may deem fit. Such decision may be a balanced one keeping in mind the interest of all the stake holders.".Advocate General Kamal Trivedi, Government Pleader Manisha Lavkumar and AGPs Dharmesh Devnani and Chintan Dave represented the State, .Senior Advocate Mihir Joshi and Advocate Mitul Shelat appeared for the Federation of Self-Financed Schools, while Advocate Vishal Dave represented the All Gujarat Parents' Association..Read the Order here:.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.