HON’BLE PATNA HIGH COURT ISSUES NOTICE TO BIHAR GOVT. AGAINST THE PETITION FOR “FEE WAIVER” DURING GLOBAL PANDEMIC COVID-19 CORONA VIRUS LOCKDOWN.
Recently, on 30th April, 2020, Mr. Anupam Prabhat Shrivastava, Law Student, Central University of South Bihar, Gaya, Bihar filed a Public Interest Litigation (PIL) before the Hon’ble Patna High Court for the seeking directions to be issued to the Central Government and the State Government to waive off the Academic Fees, Hostel Fees, Mess Fees and Transportation Fees in all the central government as well as state government affiliated educational institutions including Schools, Colleges, and Universities in the State of Bihar for the period of lockdown in the state of Bihar and to provide all the students a substantial amount of cash assistance to enable them for availing the internet data plan for the purpose of attending the online classes and video lectures.
The Petitioner also sought directions for continuously providing the respective monthly remuneration to all the M.Phil. /Ph.D. students and Research Scholars during the extension period of six months because their course work is being extended for six months more as per the newly issued guidelines of the UGC.
Mr. Chief Justice Sanjay Karol J. took the cognizance of current situation and issued notice to Chief Secretary, Government of Bihar and sought a report on this petition.
From 13 March, 2020, Educational Institutions, in Bihar, were closed, hostels were vacated, mess facilities and transportation facilities were stopped. These educational institutions gave relief to the students by granting the time for paying their respective fees of the institutions and, as per the guidelines of the UGC, these institutions continued in conducting online classes by way of video conferencing and other ways. But the current situation is worse than the imaginations. The global pandemic resulted in the economic slowdown which led to unemployment, cutting down of salary, or no salary/wages. In this situation, it would be so difficult for the people to bear the burden of ‘the cost of the education’ in the form of above stated categories of fees and for the internet packs for high speed data for attending online classes. This was a major problem for the students who belonged to the poor and middle class families.
Further he added, “Right to Education is a Fundamental Right guaranteed by our Holy Constitution of India yet it is not accessible to all. And the one who dares to avail the education needs to pay a hefty amount of money for their academics, hostel, mess, and transport facilities. High Cost Education, Low Income, Poverty and Unemployment are major issues in this respect.
The load of paying the fees for the education and charges of the high speed internet data pack to attend the classes worried many parents and students because economic slowdown resulted in their unemployment, cutting down of salary, or no salary/wages. In this pandemic situation, it would be so difficult for the people to bear the burden of ‘the cost of the education’ in the form of above stated categories of fees and for the internet packs.”
Therefore, being a student of law and responsible citizen of the state of Bihar, I consulted my seniors and Legal Angles (A Law Firm in Patna) for filing a PIL in the Hon’ble Patna High Court seeking directions for these issues. Further, the Court of Hon’ble Chief Justice, Patna High Court, issued notice to the Government of Bihar to file a report on the PIL within two weeks.
We, the People of Bihar, are eagerly waiting for the decision of the Hon’ble High Court as this would address a major problem of major population of Bihar. The relief granted in this matter shall help students in securing their education and better life, or otherwise this may lead to the situation where these students would not be able to bear the ‘cost of education’ and to support their families for financial stability, they would leave education and would opt for some employment. This would be violation of their Fundamental Right to Education under Article 21A of the Constitution and would also lead to the violation of Right to Life under Article 21 of the Constitution. In this pandemic situation it is the duty of the state to make effective provisions for securing the Right to Education in cases of unemployment and in cases of undeserved want, for example this global pandemic hit of COVID-19 CORONA VIRUS. This is incorporated under Article 41 of the Constitution which is a Directive Principles of State Policy per se.
