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Kolkata: Calcutta HC

Calcutta High Court permits schools to issue notice to fee defaulters

July 6, 2021
-Mita Mukherjee

The Calcutta High Court has asked schools to prepare a list of students whose parents have not cleared the reduced (80 percent) fees and also asked the institutions to issue a notice to those guardians.

The court said in the absence of “a good cause” for the default it might grant permission to the schools to expel such students from the schools. The High Court will take the decision on the issue on the next date of hearing slated to take place on August 6.

A division bench comprising IP Mukherji and Moushumi Bhattacharya passed the order last week after the schools brought to the notice of the court that “ taking advantage of the order of this court restraining  the school authorities from expelling  the students on the ground of non-payment of fees, a substantial number of students has not paid the fees, as reduced by us.”

In such circumstances the schools sought the High Court’s permission “to expel these students from school.”

 The court said that “The schools, considering the  continuance of the pandemic, will not take any step  to expel the students or to discontinue their studies.”

But the Court made it clear that by the next date of hearing “ if we find that such default is continuing, we shall, after hearing representation on behalf of the students and in the absence of good cause being shown, permit the schools to remove the name of those defaulters  whose name is in the said list, from the rolls of the school.”           

However, the Bench asked the schools not to expel students till the next date of hearing on August 6.

The High Court warned the schools to not take any measure to expel the students or to discontinue their studies until further directions of the Court.

The High Court had earlier said that no school should remove any student from the rolls for non-payment or short payment of fees. The fresh directive of the Court was given after the division bench started hearing a PIL on June 4 seeking implementation of the High Court’s order of October 2020 to charge 80 percent of fees in the 2021-22 session as offline classes are yet to begin.

Also read: 

School fees: Delhi HC issues notice

Karnataka: Pvt schools force parents to take loans to pay fees

SC allows Rajasthan private schools to collect 85% school fees

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