The court held that the school can collect fees for the lockdown period as monthly salaries for the staff have to be paid. The court also noted that there is no uniform fee prescribed for CBSE schools in Kerala and that the petitioners have not made out a case for issuance of a writ.

JUDGMENT :

S. Manikumar, C.J.

1. Instant public interest litigation is filed for the following reliefs:

(i) To issue a writ of mandamus or any other appropriate writ order or direction, directing respondents 1 to 6, to issue necessary directions to the 7th respondent-Sree Buddha Central School, represented by its Manager, Kollam, to provide quality online/virtual class to the students using modern video conferencing techniques;

(ii) To issue a writ of mandamus or any appropriate writ order or direction, directing respondents 1 to 6, to issue necessary directions to the 7th respondent School to charge only monthly tuition fees, if they provide quality online/virtual class to the students using modern video conferencing techniques;

(iii) Declare that the Schools conducting online/virtual classes using modern video conferencing techniques are entitled to charge the tuition fees alone till the re-opening of schools;

(iv) To issue a writ of mandamus or any other appropriate writ order or direction directing respondents 1 to 6 to issue necessary directions to the Schools conducting online/virtual classes using modern video conferencing techniques to ensure that no student is denied the same on the reason on failure to pay fees;

(v) To issue a writ of mandamus or any other appropriate writ order or direction, directing respondents 1 to 6 to consider and dispose of Exhibit-P7 representation dated 30.05.2020 filed by the parents of the petitioners."

2. In support of the reliefs sought for, the petitioner raised the following grounds:

A. The children below the age of 14 years are having the right to education and the same shall not be fettered in any manner. Anything goes against the same, is liable to be interfered being violative of fundamental right of children and against the provision of Right To Education Act. The 7th respondent school was closed from the 1st week of March, 2020, after the State Government took a decision to close down educational institutions in view of Covid-19 pandemic. Hence, the charging of fees for the said period, during which there was no classes, is unreasonable and liable to be interfered with. But, the fees for the April as well as May, 2020 were taken during the beginning of 2019-20 academic year, in the name of 'Annual fees' and as such lockdown has not hampered the interest of the school in the said manner. The stand taken by the schools in respect of loss of revenue due to lockdown is unfounded and the same is false.

B. As per Exhibit-P3 notification dated 30.05.2020 issued by the Ministry of Home Affairs, the Central Government devises a phase wise re-opening of various activities and the educational institutions, including schools were directed only to function from phase II proposed from July, 2020, based on the then existing situation and after discussions with the stakeholders including State Government/UTs. Hence, there is no justification on the part of the schools in demanding fees from the students and they are entitled only to tuition fees to the extent of providing quality online/virtual class room teaching.

C. Though there are reports regarding the directions issued by the State Government requiring all the schools, including unaided CBSE Schools in Kerala, not to increase the fees in view of Covid-19 or demand fees during the time lockdown is existing and normal classes are not conducted, several schools, including the 7th respondent, are demanding fees at normal rate, which are inclusive of charges other than tuition fees. Respondents 7 and 8 are demanding the petitioners and other students of the school to remit amounts ranging from Rs. 12,000/- to Rs. 25,000/-, which are inclusive of annual fees, special fees, 1st term tuition fees, text books, uniform dress, T-Shirt, belt, socks and stationary, as evident from Exhibit-P6.

D. The online classes which respondents 7 and 8 have assured to be