Private schools can charge tuition fee irrespective of offering online classes: Punjab HC

All schools irrespective of whether they offered online classes during the lockdown period or not are entitled to collect the tuition fee, the Punjab and Haryana High Court said.

The Punjab and Haryana High Court has allowed private schools to collect tuition fees from the students irrespective of offering online classes during the coronavirus lockdown period. Justice Nirmaljit Kaur has passed the order after several petitions were filed by the Independent Schools' Association, Punjab Schools Welfare Association, the Recognised and Affiliated School Association, and others against the state of Punjab.

“All schools irrespective of whether they offered online classes during the lockdown period or not, are entitled to collect the tuition fee,” the court said.

However, they will continue to endeavor and impart online or distance learning so that education is not adversely impacted due to the present or future lockdowns imposed due to COVID-19, the HC order stated.

As per the order, parents who are not able to pay school fees can submit their application with necessary proof regarding their financial condition, which will be looked into by the school authority and after that the school will decide to whether give concession or exempt the entire fees.

“In case the parent is still aggrieved, in any manner, with an adverse decision by the school on his application, he may approach the regulatory body, so constituted under Section 7 of the Punjab Regulation of Fee of Un-aided Educational Institutions Act, 2016,” the order said.

“No parent shall misuse the concession by laying a false claim”, as per the order. The school managements have been asked to work out their actual expenditure incurred under the annual charges for the period the school remained closed.

“The school management of each school shall work out their actual expenditure incurred under the annual charges for the period the school remained closed and recover only such genuine expenditure incurred by them, including actual transport charges and actual building charges, but shall not recover any charge for this period for any activity or facility towards which no expenditure was incurred,” the order said.

However, the schools cannot increase the fee for the current academic year and they will have to follow the same fee structure as of 2019-20.

“In case any school is facing a financial crunch for not having charged the increased fee for the year 2020-21, may move a representation to the district education officer along with its proof of the same, who shall look into it and pass appropriate orders within three weeks of the receipt of such an application,” as per order.

On May 22, the High Court has allowed private schools to charge 70 percent of the fee from the students for 2020-21.

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