Delhi HC permits the debarring of students from online Classes as parents defaulted the payment of fee despite having the financial capacity

Srishti Sneha | Symbiosis Law School, Hyderabad | 11th July 2020

IN THE HIGH COURT OF DELHI W.P.(C) 4011/2020

QUEEN MARY SCHOOL NORTHEND THROUGH ITS PRINCIPAL/MANAGER v. DIRECTOR OF EDUCATION

Facts and Contentions

In the present case, the petitioner asked the court to quash the Circular dated 18^th April 2020 and permit it to charge the expenses incurred by it during lockdown through fees collected from the students. The counsel for the Petitioner submitted before the court that ­the Petitioner’s grievance stemmed from Clause (i), Clause (viii), and Clause (x) of the aforementioned Circular.

The counsel drew the court’s attention to Clause (i)of the Circular that stated that fees other than the tuition fee shall not be charged from the parents during the lockdown period and clause (viii) of the circular that stated that the schools cannot deny the ID and passwords to the students whose parents are unable to pay the fees due to the financial crisis arising out of the closure of businesses. The counsel for the Petitioner contended that many guardians were taking unfair advantage of Clause(viii) and that 40 percent of the students were defaulting in the payment of fees which in turn cause a financial burden on the petitioner.

The Counsel for the Respondents stated that with respect to Clause(viii) of the aforementioned Circular, the Petitioner may issue notices to the parents who are defaulting in the payment of the tuition fees. The Petitioners may provide such parents with an opportunity to prove that they are suffering from a financial crisis. In the event where the parents fail to establish their financial issues, steps may be taken by the school as per the law.

Observation and Decision

After taking into account the facts and circumstances, the court held that the Petitioner has the liberty to issue notices to the parents that have defaulted in the payment of fees for more than two months. Through the aforementioned notice, the parents shall be directed to explain the reasons for such default. If the parents can convince the Petitioner of their financial problems, for the time being, the Petitioner shall not take any action against them. However, if the parents are unable to satisfy the Petitioner of their financial incapacity, the Petitioner is at the liberty to not provide the user ID and password to the online educational platform to them. The court further held that if any parent is aggrieved by the decision of the Petitioner school, they may approach the appropriate authorities.