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IN THE HIGH COURT OF ORISSA, CUTTACK
B.R. Sarangi, J.
Mohammed Mustaq Ansari - Appellant
Versus
State Of Odisha & Anr. - Respondents
Writ Petition (Civil) No. 11299 of 2020, 11514 of 2020, 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 discussed the charging of fees by private unaided schools in the State of Odisha in the wake of COVID-19 pandemic. The court referred to the Orissa Education Act, 1969 and the Right to Education Act, 2009, and highlighted the legal principles established in T.M.A. Pai Foundation v. State of Karnataka, Islamic Academy of Education v. State of Karnataka, Modern School v. Union of India, and PA Inamdar v. State of Maharashtra.
Fact of the Case:
The case concerned the charging of fees by private unaided schools in the State of Odisha in the wake of COVID-19 pandemic. The lead petition sought 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 create any new head of the fees for the academic session 2020-21.
Finding of the Court:
The court found that the private unaided schools in Odisha had entered into a Memorandum of Understanding (MoU) agreeing to waiver of fees at a flat rate in different slabs during the COVID-19 pandemic. The court held that the legal principles established in T.M.A. Pai Foundation v. State of Karnataka, Islamic Academy of Education v. State of Karnataka, Modern School v. Union of India, and PA Inamdar v. State of Maharashtra limited the scope of interference in the matters of fee regulation for private unaided educational institutions.
Issues: The issues included the charging of fees by private unaided schools in Odisha during the COVID-19 pandemic, the legality of the fees structure, and the enforcement of the Memorandum of Understanding (MoU) entered into by the private unaided schools.
Ratio Decidendi: The court held that the legal principles established in T.M.A. Pai Foundation v. State of Karnataka, Islamic Academy of Education v. State of Karnataka, Modern School v. Union of India, and PA Inamdar v. State of Maharashtra limited the scope of interference in the matters of fee regulation for private unaided educational institutions. The court also emphasized the importance of the Memorandum of Understanding (MoU) entered into by the private unaided schools in Odisha.
Final Decision: The writ petitions and all pending applications were disposed of, and the interim orders were vacated. The court held that the legal principles established in T.M.A. Pai Foundation v. State of Karnataka, Islamic Academy of Education v. State of Karnataka, Modern School v. Union of India, and PA Inamdar v. State of Maharashtra limited the scope of interference in the matters of fee regulation for private unaided educational institutions. The court also emphasized the importance of the Memorandum of Understanding (MoU) entered into by the private unaided schools in Odisha.
JUDGMENT
S. Muralidhar, C.J. - 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 matter
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