‘Pvt schools can collect fees as per state govt’s recommendations’

The double bench of Rajasthan High Court comprising Chief Justice Indrajit Mahanti and Justice Satish Kumar Sharma on Friday said that the private schools will now be able to collect fees as per the recommendations made by the state government on October 28.

The state government vide order dated October 28, 2020 issued directions for collection of school fees after reopening of the schools to the tune of 70 per cent of tuition fees by the schools affiliated with the Central Board of Secondary Education (CBSE) and 60 per cent from the schools affiliated with Rajasthan Board of Secondary Education on the basis of reduction of syllabus by the respective Boards.

The court said, "It is true that the private schools have to maintain their infrastructure and to keep their teaching and non-teaching staff intact to run the institution after reopening of the schools but it is also equally considerable fact that during complete lockdown period and afterwards most of the parents have lost their jobs and they are also finding it very difficult to run their family. Therefore, the directions issued vide order dated 28.10.2020 appears to be a bonafide step taken by the State Government by making balance between the school management and the parents."

The order also contained the process of determination of tuition fees in terms of Rajasthan Schools (Regulation of Fee) Act, 2016 and under the Rules of 2017 which envisaged separate heads of fees such as tuition fees, library fees, etc. It was directed that the fees prescribed for the last academic session will not be increased and the private schools shall not recover the fees for the facilities which have not been provided by them such as laboratory facilities, sports facilities, extra co-curricular facilities.

In the wake of Covid-19 pandemic, the Rajasthan government vide its order dated April 4, 2020, deferred the collection of school fees by the private schools recognised by the Primary and Secondary Education Department for three months. Subsequently, vide order dated July 7, 2020, it was extended till the reopening of the schools with the stipulation that the name of any student shall not be struck off for non-payment of school fees.

The Progressive Schools Association hence went to court against the state government.