‘Exclusive’- Private schools to charge only tuition fee, Residential schools allowed to charge 80-85 % fee

The Education Department has sent proposal to the government for clearance to allow private schools to charge only ‘tuition fee’ during COVID-19 pandemic period. On the other hand,  the department has propped 80-85 charges of hostel fee allowing concession of 15- 20 percent against the demand of 50 percent rebate in residential private school fee.

This communication has been initiated in view of the directions State Director Higher Education was given by the HP High Court.  The department has amended proposal and sent it to the Secretary Education for approval. As per the amended proposal, “Private schools henceforth, are allowed to charge monthly tuition fee and are authorized to make collection.” the proposal envisages, though the schools are authorized to collect past dues of tuition fee, without charging any fine/late fee etc.

The proposal submitted by Director Higher Education states that tuition fee shall be only collected from the classes which have been provided online teaching and materials. It has been clearly stated further that there shall be no increase in tuition fee and no additional collections of any other fee/hidden charges with tuition fee. The amended proposal states that the other funds/fees like building fund, maintenance fund, sports, computer fees, transportation fee and co-curricular fee etc may be ‘waived off’ during period of lock-down.

The proposal is an outcome of a petition in the HP High Court in the cases of the Independent Schools Association v/s State of HP and Deepak Gupta v/s State of HP. A division bench comprising Justice Tarlok Singh Chauhan and Justice Jyotsna Rewal Dua, while disposing the matters had stated as “Whether concept of ‘Tuition Fee’ can be held to be applicable to a complete residential school, which does not compartmentalize the fees/charges under different heads, is a question which needs consideration by the state. The notification dated 27 May 2020 as it stands, cannot be applied in its abstract form to the respondent schools. However, we direct the respondent-state to examine the issue of difference between residential/non-residential/partially residential schools vis-a-vis applicability of any direction which will be issued by the state in terms mentioned above and take appropriate decision in terms of same directions.

Deepak Gupta resident of Shimla moved a writ petition in the High Court on July 7 this year claiming that arbitrarily a residential school is demanding fee to the tune of 89 percent of the total fee which is not in conformity of the state government’s notification. The petitioner said that respondent State Higher Education vide a notification passed on May 27 directed all private schools of state that they cannot not charge any fee except tuition fee. Also the order had stated that tuition fee could not be collected on the quarterly basis. Moreover, schools also had to conduct the online and virtual classes.

The petition alleged that his son is in the 8th standard of the boarding school and sending the boy in the school was a big decision taken by the parents for the betterment of the child’s future. The petitioner said that respondent school had demanded a total fee amounting Rs 6, 36,200 in January 2020. It was payable in two installments of Rs 4, 01,700 which included Rs 50,000 as personal expenses by the school, which was paid by the petitioner before Feb 15, 2020. The second installment amounting to Rs 2, 34,500 was payable to the school on or before July 15, 2020. The children joined the schools from Feb 15 and remained in the school for 28 days. Thereafter, were went back to home on March 17, 2020 following spread of Covid-19 pandemic and subsequently lock-down. Therefore, charging big amount of fee is unjustified and should be re-looked as per state government’s directive, the petitioner stated.

The amended proposal by Director Higher Education on residential schools reads, ”In this regard it is submitted that as in record residential/semi residential is not categorically mentioned in the H.P Private educational Institution (regulation) act, 1997.”

Representation submitted by Headmaster, the Lawrence School, Sanawar, the tuition fee does not apply to residential school where there is an existing composite fee. The Director Education in his proposal states that the Lawrence School Sanawar has already granted a complete fee waiver and notification of 11% of the fee. The Director Higher Education further proposes that during the current pandemic situation students are not residing in hostels so directions may be issued to residential schools to waive off the composite fee to tune of atleast 15-20%.

The parents of the residential had demanded from the School Managements as, “You are requested to take into account that most businesses have either closed (like hotels, tourism industry) or are on the verge of closing down, and some of the parents would have lost their jobs whilst others would have taken a 30 – 40 percent pay cut. In a letter they had stated that,  it should be a matter of serious concern that some parents would be withdrawing their wards this year and also next year due to the uncertainty surrounding the reopening of the school as well as the inability of the parents to pay the 2nd installment. Worrying about children who will not be able to attend school due to financial issues, they had requested the school management to step into the parents shoes and judge the matter in its right perspective. Adding, that this is the best time to display fair play and justice by noble and compassionate actions.

The parents have proposed a 50 percent discount/waiver of the total fee saying that this would mean waiving off the 2nd installment and refunding/adjusting the excess amount from the 1st installment. The parents meanwhile had decided not to pay the fee till the government files a compliance in the court by November 3, 2020.