SC Allows Schools to Take Appropriate Legal Action to Recover Outstanding Fees

"It is open to the school management to initiate appropriate action for recovery of the outstanding dues," said SC.

SC allows schools to take legal action to recover fees.

(Photo: Altered by The Quint)

The Supreme Court, in its order dated 1 October 2021, has clarified that school managements are allowed to take legal actions in order to recover the fees from the students who haven't paid it on time.

Earlier this year, in May, the court directed school managements to not debar any student from attending classes on account of non-payment of fees.

However, a miscellaneous application filed by 'Progressive Schools Association' sought clarification that Supreme Court judgment dated 3 May 2021, does not prohibit the schools from taking coercive action against the students who have failed to pay the installments as per the arrangement predicated in the stated judgment.

A Supreme Court bench comprising Justice AM Khanwilkar and Justice CT Ravikumar has permitted the schools to take action in accordance with law for recovery of outstanding fees. "It is open to the school management to initiate appropriate action for recovery of the outstanding dues/amount, if any, in accordance with law. At the same time, if the concerned parent/ward seeks some indulgence for just reasons, it will be open to the School Management to consider such request compassionately," the order stated.

The order in May had come in a series of appeals file by private unaided schools in Rajasthan against state government's order to defer/ reduce school fee in the view of aftermath of lockdown form March 2020, reported The Hindu.

The recent order, dated 1 October, states that the spirit of direction was to give time to the concerned parent/ward to pay the fees as specified. "That does not and did not extricate the parent/ward from the liability to pay the amount specified in the judgment in any manner," the court noted.