Calcutta HC directs schools to follow interim order, tells them not to debar students over fees

06:01AM Thu 21 Apr, 2022

Considering parents’ accusations that some schools were not following the Calcutta High Court’s previous interim order, the court asked all of the 145 schools covered in a PIL concerning fees to not deny promotion to higher classes or withhold their report cards until further orders are issued. Reiterating its previous direction, the court said that all students are going to be allowed to join higher classes in new sessions while normal educational facilities will be provided to them.

COURT ASKS SCHOOL TO WITHDRAW NOTIFICATION

A division bench consisting of justices IP Mukerji and Moushumi Bhattacharya said that GD Birla Centre for Education should not have issued a notice that read, "the school will re-open on Monday, 11.4.2022 for students who have cleared all dues." The bench further said that this notification prohibits students that disputed their school fee from joining their classes. The court directed GD Birla Centre for Education to withdraw the notice immediately and allow students to attend classes on their usual course while asking all other schools to follow directions as well.

SCHOOL’S STAND

It was argued by the school’s advocate that some guardians were submitting insignificant amounts, which were much lower in comparison to what they paid in the previous academic session in lieu of the Calcutta High Court’s interim orders while insisting that their children be allowed to attend the school. The court also took note of claims made by a parents’ body that many students have been debarred from enrolling in classes because their fees had not been paid.

JOINT SPECIAL OFFICERS TO DECIDE FEE

Calcutta High Court had previously instructed that, in order to guarantee that schools do not face a lack of funds, it will appoint joint special officers to investigate the fee liability issue and reach a decision. The HC bench had said, "Each of the guardians/students shall make payment of the fee determined as payable by the Joint Special Officers to the schools/teaching institutions within two weeks of such determination.”

DISPUTES TO BE REFERRED TO JOINT SPECIAL OFFICERS

Calcutta High Court further noted that any dispute concerning fee liability or its payment that arose during the period of operation of its interim orders was to be referred to the joint special officers for determination. It asked for this to be done immediately either by the school authorities or the guardians.

JOINT SPECIAL OFFICERS ASKED TO FILE REPORT

Joint Special Officers were asked by the court to file a report on the issue before June 6.
The court ordered that the joint special officers approach the officer-in-charge of the local police station in the event of any breach of peace or breakdown of law and order within or adjacent to the school premises for proper implementation of this order and to ensure that there is no breach of peace or breakdown of law and order within or adjacent to the school premises. Physical attendance of students started in all schools in the state in March this year after Covid cases subsided. (Source: India Today)