Even as the uncertainty surrounding board exams weighs them down, students across India now find themselves torn between two warring factions over the issue of fees – a long standing bone of contention between parents and schools that has put both parties in economic distress.
From Rajasthan to West Bengal, Tamil Nadu to Delhi, associations of parents and schools have been knocking at the doors of their state high courts, either speaking in favour or against the idea of waiving school fees.
Here’s a look at where the matter stands in which state.
Why are parents and schools fighting in Rajasthan?
For Jaipur’s Shaheed Smarak, there seems to be no respite from the ongoing tussle between parents and schools, over the issue of fee hike. A memorial dedicated to India’s martyrs, Shaheed Smarak has now been occupied by the Sanyukt Abhibhavak Sangh, a group of parents who have been demanding a 75 percent waiver in school fees.
Barely a month back in early November, the memorial was the protest spot for the Forum of Private Schools, which had been on a week-long hunger strike, demanding that parents deposit school fees that they had been defaulting.
While around 55,000 private schools had resumed private classes, after suspending them for a week, parents say that the government should make it optional for students to attend these classes and ask schools to collect only 25 percent of the tuition fee.
What did the Rajasthan HC Rule on the matter?
On 7 September, the Rajasthan High Court had asked private schools to charge only 70 percent of the tuition fee, which was further challenged by the parents association before a larger bench.
The division bench had then reserved its order, while asking the state government to offer its suggestion. On 28 October, the government had said that schools can charge 70 percent of the fee for classes 9 to 12, while saying that for classes 1 to 8, the fee would be decided on the basis of course cuts.
The matter will be heard again on 15 December.
How much are West Bengal parents supposed to pay?
In West Bengal, the tussle over school fee had spilled beyond the state judiciary, and had even reached the Supreme Court.
On 13 October, the Calcutta High Court had asked around 145 schools in the city to offer a waiver of atleast 20 percent in school fees, while barring them form hiking fees till a month after they reopen for physical classes.
The HC had also asked parents to pay the revised fees by November end, failing which students could be removed from online classes from 8 December.
The court had also directed schools to entertain applications from individual parents, seeking a further reduction in fees owing to financial distress. The order was issued by the high court following a petition from parents of children studying in these 145 schools in the city.
How did the matter reach the Supreme Court?
Unhappy with the high court’s order, a group of schools run by the Church of North India had approached the Supreme Court, which on 17 November, said that the 20 percent waiver as announced by the high court would continue.
However, the apex court did stay a part of the HC’s order, that had allowed parents to approach schools individually seeking further waiver.
According to the Times of India, while there is a difference of opinion between schools and parents over calculation of the 80 percent fee that is to be paid, most schools have refrained from de-rostering students who are yet to pay up.
What is the fee situation in Maharashtra?
Following protests by parents associations over fee hike in the state’s many private schools, Maharashtra School Education Minister Varsha Gaikwad has said promised to strengthen and revive divisional fee regulatory committees (DFRC) in the state.
Following the implementation of the Fee Regulation Act, 2016, only two committees were formed to tackle fee-related disputes – one at the state level and the other in Mumbai. However, a year later in 2017, the Mumbai High Court had ruled that only school managements can approach the DFRCs.
According to Hindustan Times, Anubha Sahai, President of the India Wide Parents Association said that they had been protesting as schools have been hiking fees during the pandemic.
“Schools have been hiking fees and overcharging parents even during times like these when parents are struggling to pay them owing to salary cuts and job losses. Despite several complaints, the education department has not acted against schools and the issues raised by parents remain unaddressed.”Anubha Sahai, India Wide Parents Association.
In May this year, Maharashtra had issued a government resolution asking schools to not hike fees this year and accept fees in instalment. However, the order was stayed by the Bombay High Court, after a group of private schools alleged that the state doesn’t have the power to regulate fees of private schools.
What about Delhi, Haryana and Punjab?
Delhi: The Aam Aadmi Party-led government had through two orders in April and August asked schools in the city to charge tuition fees only, while preventing them from collecting annual and developmental charges.
After the plea was challenged in the Delhi High Court, the government said that since all unaided private schools are private institutions, they are charitable institutions, which must not indulge in profiteering and ensure that every children has access to education.
Punjab and Haryana: In October this year, the Punjab and Haryana High Court had ruled that private schools in these two states can only charge tuition fees if they have been conducting online classes regularly during the lockdown period.
How much fee can schools in Tamil Nadu charge?
Tamil Nadu: The Madras High Court had on 18 November, allowed schools and colleges in the state to collect 35 percent more fees, in addition to the earlier limit of 40 percent, after the state government failed to assure that educational institutions in the state would reopen by the end of this year.
The high court also said that schools could collect the additional fee of 35 percent, on or before 28 February, while also giving institutions the option of doing it in instalments.
Karnataka: Private schools in the state have threatened to completely stop online classes if fees are not paid by 15 December. According to private schools, less that 30 percent parents have paid their fees so far.
(With inputs from The Times of India and Hindustan Times)
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)