New Delhi: The Supreme Court Friday refused to entertain a plea by parents from different states seeking deferment/moratorium on school fees for the COVID-19 lockdown period. The apex court asked them to approach the various high courts for relief. The Supreme court said it was a fact-intensive situation as problems in each state are different. It observed that it would a stroke of genius if petitioners can solve everybody’s problems.
A bench of Chief Justice SA Bobde and Justices R Subhash Reddy and AS Bopanna said: “Fee hike issue should have been raised before the state High Courts. Why has it come to the Supreme Court? It’s a fact intensive situation. Problems in each state are different. Parties are involving jurisdiction of this court as an omnibus case. But these are fact intensive situations in each state and even each district.”
Parents of the school going children who have moved the top court hail from Rajasthan, Odisha, Punjab, Gujarat, Haryana, Uttarakhand, Delhi and Maharashtra.
Advocates Balaji Srinivasan and Mayank Kshirsagar said the Punjab and Haryana High Court has allowed schools to charge hiked fee. The bench told the counsels, that the petitioners can file an appeal against that order of Punjab and Haryana High Court. “It would be a stroke of genius if you can solve everybody’s problems,” the bench said.
The top court said that it is not inclined to interfere at this stage and the petitioners may withdraw plea and approach the high courts of their respective states.
Parents of school going children from different states have moved the top court seeking declaration of moratorium or deferment of payment of school fees during the COVID-19 induced lockdown.
The plea also sought that the Centre and all states be asked to direct the private unaided/aided schools to only charge the proportionate fees based on actual expenditure towards the conduct of the online virtual classes and no other fees from the students since April 1 till the commencement of physical classes.
The plea also said that many of the schools hiked their fees and/or started harassing parents to pay the entire quarterly fees in advance despite the non-functioning of the schools and the students not availing any of the services provided by the schools.