Srinagar: The J&K High Court on Thursday disposed of a plea seeking suspension/ waiver of fee collection in government and private schools during Covid-19 lockdown, on the grounds that the government had already taken measures to address the issue.
Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul disposed of the plea after it was submitted that the government is seized of the situation and has already taken measures for the benefit of students, schools and the staff posted therein.
It was submitted by government counsel Mir Suhail that already a circular dated 14 May, 2020, stands issued by the education department which has passed certain directives. The court was informed that only tuition fees shall be charged from students on a monthly basis instead of quarterly basis for the lockdown period.
“No fees hike shall be made during the academic session 2020-21while annual fees, if any, can be charged monthly on a pro rata basis after schools reopen,” the court was informed.
It was further submitted that no school shall deny access to online education material/ classes to poor or deserving students who are unable to pay school fees due to the current prevailing situation. It was also mentioned that if the registration of some schools had expired, it shall be deemed valid till the lockdown period is over.
It was submitted by the government counsel that a view regarding transport charges shall be taken separately.
After taking the submissions of government counsel on record, the court said, “Since the government is seized of the situation and has already taken certain measures, we are of the view that it would be unnecessary to keep this petition pending on board.”
But the court said that if the petitioner still has any grievance left, he may approach the principal secretary, school education department, and take up the matter with him for consideration and decision.
“It is expected that if any such representation is made by the petitioner, the concerned officer shall accord due consideration to the same keeping all the circumstances in view,” the court said.
Petitioner Mudasir Nazir Shah, an advocate, had filed the public interest litigation before High Court seeking to debar schools from collecting fees of any nature from students from the month of March due to the lockdown on account of Covid-19 pandemic.
It was pleaded that the authorities be directed to refund the fees that had already been collected from students for this period, in accordance with Rule 10 of the J&K School education Rules, 2010.
The petitioner had raised a question on whether the school authorities could charge or collect fees from students when schools were not functioning.
It was said through the petition that since August 5 last year, when Article 370 of the Constitution was abrogated, the J&K region had been under siege and clampdown which had badly hit the normal life of people.
“Businesses, shops, schools were closed and the economy suffered a colossal damage. The already fragile situation was worsened with the outbreak of pandemic and in the middle of this crisis common people are suffering heavily,” the petition said.
The petitioner had stated that schools must not charge any fee from students as parents are in distress due to loss of jobs, deferred salaries, and business establishments being closed.
Giving reference to other states like Rajasthan, Punjab, Haryana, Delhi and Uttar Pradesh, the petitioner had submitted that these states had either relaxed the fees or partially dissuaded schools from collecting charges other then tuition fees during this pandemic.

NUSRAT SIDIQ