Calcutta High Court

Calcutta HC asks schools not to expel students for not paying fees

October 1, 2021
Mita Mukherjee

The Calcutta High Court on Friday passed an order directing private schools, not to expel students or prevent them from taking any board or annual and mid-term examinations for not paying fees. “For the time being, all rustication orders shall be kept in abeyance, and the school authorities will not prevent any student from sitting in any board or annual or mid-term assessment examination of the school, ” the order said.

In its order, a division bench comprising IP Mukherjee and Moushumi Bhattacharya today also directed students to pay the entire amount of fees claimed by the schools within October 25.

The court had received complaints from parents alleging that schools were charging higher fees which is not in accordance with the order passed by the division bench on October 13, last year when the court had ordered that schools could charge 80 percent of the fees because of the pandemic.

The court on August 6 had passed an order allowing schools to remove names of students from the school roll and suspend online and offline teaching to them if their guardians do not clear a minimum of 50 percent of outstanding fees within three weeks.

Recommended: Calcutta High Court: Parents to clear 50 percent fees in 3 weeks

The court today said: “ …. The students shall have to pay the entire claim made by the school authorities, without prejudice to their rights and contentions in the manner indicated herein.”

The schools too have complained to the court that many students have not cleared the arrear fees violating the directions of the court. The schools today submitted before the court that if the “funds generated’ from school fees is not received, it would be difficult for them to pay “bonus etc to their employees” during the ensuing festive period.

However, the court said, on receiving the fees the schools will have to segregate the amount and keep the fund in two separate accounts. The “disputed” amount will have to be kept in one account and the “undisputed” in another. The schools have been asked not to spend the “disputed” amount till further order.  

Also read: Calcutta High Court permits schools to issue notice to fee defaulters

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