Private schools can collect tuition fees, says Gujarat HC quashing govt resolution

In a major relief to the Private schools in the state, the Gujarat High Court has quashed a government order which prohibited private schools from collecting tuition fees until they reopened. The high court stated that such an order will force smaller schools to shut down. The court set aside three clauses of a government resolution (GR) issued on July 16 amid the coronavirus pandemic in its decision on July 31, uploaded on its website on Wednesday.

A division bench comprising of Chief Justice Vikram Nath and Justice J B Pardilwala said a balance has to be struck between providing children a reasonable education and allowing the schools to stay afloat. Not allowing schools to collect fees will force many smaller schools to close down permanently. Moreover, not providing education to students for long will impact their cognitive and social development, the court said.

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The judges also said that parents should realise that online education is not a futile effort on the part of the schools, while at the same time, schools should be aware of the economic instability being faced by parents. Quashing the relevant clauses in the Government resolution, the bench asked the government to make all possible efforts to strike a balance to protect the interest of the parents as well as the management of the private unaided schools.

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The court further opined that the adverse impacts of the situation created by the pandemic need to be shouldered by all stakeholders, and the community as a whole needs to be united in its fight. It also pointed out that the resolution and the actions of the state have the effect of dividing sections of the society. If smaller private schools close down, parents of students in these schools will be forced to spend higher fees at bigger schools, the court said.

Schools can charge tuition fee: HC

The GR stopped the collection of tuition fees even when schools were offering online classes. Reacting to this the Unions of private schools had challenged the government's order. The high court said schools can charge tuition fees which will cover expenditure on salary, establishment and curricular activities and maintenance. Citing the instance of tuition fees collected by colleges the court asked why the state government is not waiving off the tuition fees collected by colleges. The GR had stated that teaching is a noble cause hence private schools should not collect tuition fees as long as they remain closed.

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(With agency inputs)