High court is the right option
The school is doing a public duty of imparting education
It is not some service
Several high courts have passed varied directions in relation to charging of school fees
Calcutta, Delhi High courts for example
Dispute with school
1. Parents has been writing emails, sending letters to the school for reduction of FEES due to pandemic and Reduced timings from 7 hours normal school timings to average of 3 hours for online classes 2. Parents paid through online banking 50% fee but now the school is asking for balance fifty percent 3. Parents asked school for breakdown TERM fee, but the school is not responding to any of the email/letter 4. Parents approached DOE [Director of School Education] but no result yet 5. Now the school is intimidating that they will not allow the students in online classes unless balance 50% is paid Can parents approach Consumer Forum for protection or parents are suppose to go to high court of the state for resolving this issue
Asked 3 years ago in Consumer Law
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16 Answers
- The Supreme Court recently held that the educational institutions must reduce fees as their running costs have come down due to covid -19 .
- Hence, the school cannot ask for full tuition fee of the students , if parents are unable to pay the same.
- Since, it is not considered as deficiency of services , then a compliant cannot be filed before the consumer court for reducing the fee.
- You parents can approach the High court after filing a writ petition for getting relief .
File writ petition in HC against school and director of school education for refusing to take any action inspite of innumerable complaints
The National Consumer Disputes Redressal Commission (NCDRC), while answering a reference, has ruled that educational institutions, barring private coaching centres, are not covered under the provisions of the Consumer Protection (CP) Act, 1986.
Education, Including Co-Curricular Activities, Not 'Service' Within Meaning Of Consumer Protection Act : NCDRC
There are no results for the ongoing tussle between parents and school managements over fee reduction in Covid times continues to simmer.
Leading the charge is a graphic designer Yogesh Pathare, who formed Rashtriya Shikshak Palak Sanghatan (RSPS), an umbrella for parents of a majority of private schools.
The father of two school-going children has written numerous letters to the authorities, right from the President of India Ram Nath Kovind to Prime Minister Narendra Modi to Chief Justice of India Sharad Bobde to chief minister Uddhav Thackeray and officials in the State Education Department.
Many schools have stopped online classes after parents failed to pay the fees. This is perpetually wrong and unethical. The education department needs to look into this aspect, but no one cares for hapless parents.
You cannot approach consumer forum for this because this service do not come under the consumer protection act.
approaching the high court seems to be a better idea. Let this grievance be raised in a public interest litigation. A good size of parents must come together for this cause to be raised in a PIL. Make doe And the education department party to the dispute
Since all efforts so far have gone in vain the only remedy now left is to file a Writ Petition in the jurisdictional High Court.
- You have to understand the reality that no law is applicable to schools and hospitals and mobile companies in India.
This list will grow with time.
No result from DOE is proof of it.
- Even SC not passed order to reduce fees.
It only advised to reduce fees.
- However you definitely have right to approach HC but it depends on state.
Some HC gave judgments for reduction of fees and some HC are sitting by giving stay.
However all schools formed union so whenever you will approach HC then all schools union will come to fight to protect other schools.
- If HC and SC are not giving protection then who is consumer court.
Even schools doesn’t come under consumer court.
Dear Sir,
1) All parents in such mater should collectively file a writ petition with regard to this grievance, so that the matter is resolved with urgency and status qua maintenance by school should be asked on application.
2) High court should be approached instead of consumer court in order to protect your child education.
Thank you
File a petition for relief and reduction in fee due to COVID-19 pandemic. Many states have granted the same and many high courts have also granted relief.
Any reference or citation of any high court which can be used in support of our case
Asked 3 years ago
Nothing is required.
SC has held It is one thing to say the State may regulate the fee structure of private unaided schools to ensure that the school management does not indulge in profiteering and commercialisation, but in the guise of exercise of that power, it cannot transcend the line of regulation and impinge upon the autonomy of the school to fix and collect ‘just’ and ‘permissible’ school fees from its students.
https://main.sci.gov.in/supremecourt/2019/38328/38328_2019_34_1501_27945_Judgement_03-May-2021.pdf
Dear Sir,
Recently in the case of INDIAN SCHOOL, JODHPUR & ANR. VS. STATE OF RAJASTHAN & ORS where the Supreme Court apart from the ruling of CBSE documents being backed with public documents, made observations on fee structure.
In February 2021, the Karnataka High Court on reduction of school fees.
In the year 2016, the Karnataka high court in the case of Karnataka students parents jagrati vedika (R) vs.State of Karnataka ordered them to pay only 40% of the fees, and excess fee would be refunded or adjusted.
Thank you
You may have to first decide what case are you going to institute against them for this issue.
You can file a civil case demanding TC and get your children admitted to another school because the courts will not interfere in the fee matter and high courts have dismissed many writ petition seeking revision of fee filed by many parents in the past for the pandemic reasons.
Dear Sir
This difficulty being faced by many parents not only in your state but all most in every state. First form parents association and then start fighting by filing PIL in High court and also approaching media and concerned ministers.
A bench of Justices A M Khanwilkar and Dinesh Maheshwari of Supreme Court has ordered on 3rd May 2021.