Prayer of further reduction of school fee cancelled by Calcutta HC

Prayer of further reduction of school fee cancelled by Calcutta HC

On Monday 17 August after a further claim of relaxation in the payment of school fees during the COVID pandemic the Calcutta Hugh Court has directed his negation and refused to the claim as it says that it would be a deviation from the earlier directions issued in the Case of VineetRuia v. State of West Bengal order passed in the month of July. The Court in its July 21 interim order had directed the remittance of 80% of dues payable by July 31 but in 17 august a further prayer pleading for reduction was made which was later rejected.

The petitioner was represented by Advocate Priyanka Agarwal and Advocate Sayan Sinha assisted Advocate General Kishore Dutta in making submissions for the State. While Advocates Anirban Ray, AniruddhaMitra and Sabyasachi Choudhury represented the other respondents in the matter. The proceeding was heard by the Bench of Justices Sanjib Banerjee and Moushumi Bhattacharya. The courts order directed the relaxation in the payment of fees was allowed but further prayer of relaxation in payment has been specifically nullified.

The order reads that “If there are any schools which have not opened up windows for payment of the 80 per cent of the school fees till July 31, 2020 by the parents or students, such schools will not be entitled to take coercive action against the students or to exclude the students from the virtual classes or taking part in the virtual examinations.”

The court has directed to constitute a committee comprising of Professor Suranjan Das (Vice-Chancellor of Jadavpur University) and a nominee of the Advocate-General to ascertain each private unaided school’s accounts and fees due. Whereas the choice of second member among the recently retired heads of the State Higher Secondary Board or Secondary Board has been given to the Advocate General. The formal constitution of the Committee for school fees decision is expected to be taken up on 18th August 2020. Further the Advocate General and the Additional Solicitor General of the State, has been asked to collate the details of schools and school fees including the schools already impleaded and those likely to be affected by the Court’s final judgment. The formal constitution of the Committee for school fees decision is expected to be taken up on 18th August 2020.

Nischay Pokhriyal