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IN THE HIGH COURT OF ORISSA AT CUTTACK
S. Muralidhar, B.R. Sarangi, JJ.
Mohammed Mustaq Ansari and Ors. - Appellants
Vs.
State of Odisha and Ors. - Respondent
Writ Petition (Civil) Nos. 11299 of 2020, 11514 of 2020 and 32259 of 2020
Decided On : 07-01-2021
fees - private unaided schools - Orissa Education Act, 1969, Right to Education Act, 2009 - Section 6 (5) of the OE Act, Section 12-C of the Right to Education Act, 2009 - T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481, Islamic Academy of Education v. State of Karnataka, (2003) 6 SCC 697, Modern School v. Union of India, (2004) 5 SCC 583, PA Inamdar v. State of Maharashtra, (2005) 6 SCC 537 - The judgment discusses the charging of fees by private unaided schools in the State of Odisha in the wake of COVID-19 pandemic. It refers to the Orissa Education Act, 1969 and the Right to Education Act, 2009, and the legal position on the scope of the powers of judicial review in matters of fixation of fees chargeable by private unaided educational institutions. The court emphasizes the need for a reasonable fee structure, forbidding the charging of capitation fee and profiteering by the institution, and the right of private unaided colleges to admit students of their choice, subject to an objective and rational procedure of selection and compliance with conditions requiring admission of a small percentage of students belonging to weaker sections of the society by granting them freeships or scholarships, if not granted by the Government. The judgment also highlights the need for regulations to ensure excellence in education while forbidding the charging of capitation fee and profiteering by the institution.
Fact of the Case:
The central issue concerns the charging of fees by private unaided schools in the State of Odisha in the wake of COVID-19 pandemic from March, 2020 onwards. The lead petition seeks directions to the Government of Odisha to issue necessary orders directing both the private unaided and aided schools not to collect tuition fees for the lockdown period till actual commencement of classes in physical mode; not to increase in fees in the academic session 2020-21; and not to put extra financial burden on the parents or creating any new head of the fees for the academic session 2020-21. The other petitions also seek directions to waive off the school fees/tuition fees/development fees/re-admission fees etc. for two quarters from March-June and July-September, 2020 and not to enhance the fees or any other ancillary charges for the academic year 2020-21.
Finding of the Court:
The Court found that an MOU was arrived at between 14 educational institutions in Odisha on the question of fee waiver during the period of the Covid-19 pandemic. The Court emphasized the limited scope of interference in such matters and declined to issue further directions, stating that the problems faced by any of the parties in relation to any of the terms of the MOU will have to be agitated in other separate proceedings and examined on a case by case basis.
Issues: The issues revolved around the charging of fees by private unaided schools in Odisha during the COVID-19 pandemic, including the waiver of fees and the enhancement of fees for the academic year 2020-21.
Ratio Decidendi: The judgment emphasizes the need for a reasonable fee structure, forbidding the charging of capitation fee and profiteering by the institution, and the limited scope of interference in such matters. It also highlights the right of private unaided colleges to admit students of their choice, subject to an objective and rational procedure of selection and compliance with conditions requiring admission of a small percentage of students belonging to weaker sections of the society by granting them freeships or scholarships, if not granted by the Government.
Final Decision: The writ petitions and all pending applications are disposed of in the above terms. The interim orders are vacated. However, there shall be no order as to costs.
JUDGMENT :
S. Muralidhar, J.
1. The central issue in the present batch of writ petitions concerns the charging of fees by private unaided schools in the State of Odisha in the wake of COVID-19 pandemic from March, 2020 onwards.
The petitions
2. The lead petition in the present batch is Writ Petition (Civil) PIL No. 11299 of 2020 filed by Mr. Mohammed Mustaq Ansari, who appears in person. The prayer in this petition inter alia is for directions to the Government of Odisha to issue necessary orders directing both the private unaided and aided schools not to collect tuition fees for the lockdown period till actual commencement of classes in physical mode; not to increase in fees in the academic session 2020-21; "not to put extra financial burden on the parents or creating any new head of the fees for the academic session 2020-21" and for a direction to strictly enforce the provisions of law against the Managing Committee of those institutions who fail to strictly comply with the directions of the Government. The further prayer of the Petitioner is for a direction to the Government of Odisha to provide funds to all the private schools, who are unable to bear the basic liability of payment of payment of salaries to their staffs both the teaching and the non-teaching staff to meet the situation arising out of the COVID-19 pandemic. In this lead petition, notice was issued by this Court on 24th April, 2020.
3. One of the connected petitions is Writ Petition (Civil) No. 11514 of 2020 filed by the Odisha Abhibhabak Mahasangha. The Opposite Parties in this writ petition include the Department of School and Mass Education (DSME), the Central Board of Secondary Education (CBSE), Stuarts School, Cuttack (Opposite Party No. 3), the Confederation of Odisha Public Schools (Opposite Party No. 7), the Association of Odisha ICSE Schools, the S.K. International School and DAV Public School.
4. The prayer in Writ Petition (Civil) No. 11514 of 2020 which projects the point of view of the students seeking a direction to the Opposite Parties to issue circular/order to the private/public school across the State of Odisha to waive off the school fees/tuition fees/development fees/re-admission fees etc. for two quarters from March-June and July-September, 2020 and for a direction to the schools not to enhance the fees or any other ancillary charges for the academic year 2020-21.
5. The 3rd petition i.e. W.P.(C) No. 32259 of 2020 has been filed by Sai International School Parents Forum. It projects the point of view of the parents of the students. The prayers here are again broad and sweeping. They seek a direction to the Opposite Parties to roll back the enhancement of fees for the academic session 2020-21. A direction is sought to the Sai International School to reconsider the matter by adopting the fees structure prevailing in the previous academic year 2019-20 and grant waiver of some portion thereof during the period of the COVID-19 pandemic. A direction is sought to the State to take steps for meticulous compliance of the terms and conditions of the Resolution dated 23rd September, 1996 of the Department of School and Mass Education (S & ME) on the basis of No Objection Certificate (NOC) which was issued in favour of the private unaided schools including Sai International School, Bhubaneswar. In the batch of petitions, some interveners have entered by filing their intervention applications.
6. It may be mentioned at the outset that the pleadings in the lead matter i.e. Writ Petition (Civil) (PIL) No. 11299 of 2020 including the counter affidavit and other affidavits filed therein have been relied upon by the parties in all the matters.
Orders of this Court
7. As noted earlier after the initial order passed in the lead petition on 24th April 2020, an interim order was passed by this Court on 26th May, 2020 to the effect that during the pendency of the mat
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