ORDER Yadav, Ag. CJ. -- 1. These writ petitions at the instance of various stakeholders, viz., the Management, Parents and Teachers/Employees of unaided CBSE Schools, emanate from the notifications dated 17.4.2020, 24.4.2020 and 16.5.2020 issued by the Central Board of Secondary Education and the School Education Department, State of Madhya Pradesh, regarding payment of fee by parents in Private Unaided Schools during lock-down period in the wake of COVID19 Pandemic. 2. That, representations were received by the Board regarding payment of school fees to private unaided schools affiliated to the Board and also regarding teachers’ salaries in these schools ranging from inability of parents to pay lump-sum fees on quarterly/biannually/annually basis, to fees hikes, and also regarding stopping of teachers salaries. 3. The Board, relying on Clauses 7.2 and 7.3 of Affiliation Bye-laws, which respectively provide for that admission fee and fee charged under any other head are to be charged only as per the regulations of the appropriate Govt. and that fee shall be charged under the heads prescribed by the Department of Education of State/Union Territories and that the CBSE Affiliation Bye-laws also empower the State Education Department of concerned States/UTs to decide the manner in which fee can be collected, requested the State Government to examine the issue of lump-sum payment of school fees and teachers salaries sensitively and holistically considering the interest of all concerned stakeholders. The States/UTs were requested to issue suitable instructions on periodicity of payment of school fees and payment of salaries to the teaching and non-teaching staff to be applicable during the period of the pandemic. 4. Consequent thereof, the State of Madhya Pradesh through its School Education Department issued following instructions vide Instruction No.F-50-4/2020/20-2 dated 24.4.2020 which is in the following terms : Ek/;izns'k 'kklu Ldwy f'k{kk foHkkx ea=ky; Øekad ,Q 50&4@2020@20&2 Hkksiky] fnukad 24-4-2020 izfr] leLr ftyk dysDVj] leLr ftyk f'k{kk vf/kdkjh] e/;izns'kA fo"k; %&ykWdMkmu vof/k esa ikydksa }kjk xSj vuqnku izkIr v'kkldh; fo|ky;ksa dh Qhl ds Hkqxrku ds laca/k esaA lanHkZ %& dsUnzh; ek/;fed f'k{kk cksMZ dk i= Øekad CBSE/SECYAFF/2020 Dated 17.4.2020. fo"k;karxZr orZeku ykWdMkmu ds ifjizs{; esa fofHkUu fgrxzkfg;ksa }kjk xSj vuqnku izkIr v'kkldh; fo|ky;ksa dh Qhl ds Hkqxrku rFkk bu fo|ky;ksa ds f'k{kdksa vkfn ds osru Hkqxrku ds laca/k esa dsUnzh; ek/;fed f'k{kk cksMZ ¼Lkhch,lbZ½ dks izLrqr fd, x, Kkiukas ds lanHkZ esa dsUnzh; ek/;fed f'k{kk cksMZ ¼Lkhch,lbZ½ }kjk tkjh lanfHkZr i= ds vuqØe esa fuEu funsZ'k tkjh fd, tkrs gSa %& 1- ,slss ikydx.k tks ifjfLFkfro'k foxr 'kS{kf.kd l= 2019&20 dh cdk;k 'kqYd tek ugha dj ik;sa gS] os mDr 'kqYd fnukad 30-6-2020 rd tek dj ldsaxsA bl gsrq mu ij dksbZ foyEc 'kqYd izHkkfjr ugha fd;k tk;sxkA 2- orZeku 'kS{kf.kd l= 2020&21 ds fy, vkxkeh vkns'k rd v'kkldh; fo|ky;ksa }kjk dksbZ 'kqYd o`f) ugha dh tk ldsxhA blds vykok ikydksa dks Qhl dh ,deq'r vnk;xh gsrq ck/; ugha fd;k tk;sxkA futh fo|ky; }kjk ikydksa dh lqfo/kkuqlkj ekfld :i ls vFkok U;wure pkj fd'rksa esa Qhl yh tk ldsxhA Qhl tek u fd, tkus ds dkj.k fdlh Nk=@Nk=k dk uke fo|ky; ls ugha dkVk tk,xkA 3- orZeku ifjfLFkfr;ksa ds n`f"Vxr vfHkHkkodksa dh vkfFkZd dfBukbZ;ksa ds dkj.k ;fn muds }kjk vkink vof/k esa 'kqYd dks LFkfxr fd, tkus dk vuqjks/k fd;k tkrk gS rks futh fo|ky; bl ij ldkjkRed :i ls fopkj djsaxs ,oa Qhl LFkfxr fd;s tkus dh fLFkfr esa mDr 'kqYd dks vkxkeh ekgksa esaa fd'rksa ds vk/kkj ij lek;ksftr fd;k tk ldsxkA 4- ftu v'kkldh; fo|ky;ksa }kjk orZeku esa vkWuykbZu v/;kiu xfrfof/k;k¡ izkajHk dh xbZ gS vFkok ;fn os ,slh xfrfof/k;k¡ izkjaHk djuk pkgsa rks os ,slh xfrfof/k;k¡ tkjh j[k ldsaxs@izkjaHk dj ldsaxs] rFkkfi bl gsrq dksbZ vfrfjDr Qhl izlkfjr ugha dh tk,xhA 5- fo|ky; esa dk;Zjr~ 'kS{kf.kd rFkk xSj 'kS{kf.kd LVkQ dks fu;fer :i ls osru dk Hkqxrku fd;k tk,xkA 6- fdlh Hkh fLFkfr esa lacaf/kr cksMZ dh iqLrdksa ds vfrfjDr fdlh vU; iqLrdksa ds Ø; gsrq vfHkHkkodks@ikydksa dks ck/; ugha fd;k tk;sxkA mi;qZDrkuqlkj funsZ'k izns'k ds leLr lhch,lbZ] vkbZlh,bZ] e/;izns'k ek/;fed f'k{kk e.My rFkk vU; leLr cksMZ ls lEc) xSj vuqnku izkIr v'kkldh; fo|ky;ksa ij leku :i ls ykxw gksaxsA v'kkldh; fo|ky;k }kjk mi;qZDr funZs'kksa dk ikyu u djus dh fLFkfr esa ,sls fo|ky;ksa ds fo:) mu ij ykxw ekU;rk fu;eksa ds rgr dk;Zokgh izLrkfor dh tk,A ¼ds- ds- f}osnh½ mi lfpo e/;izns'k 'kklu Ldwy f'k{kk foHkkx 5. It was further ordered vide Letter No.F-50-4/2020/20-3 dated 16.5.2020 that : Ek/;izns'k 'kklu Ldwy f'k{kk foHkkx ea=ky;] oYyHk Hkou] Hkksiky&462003 Øekad ,Q 50&4@2020@20&3 Hkksiky] fnukad 16 ebZ] 2020 izfr] leLr ftyk dysDVj] leLr ftyk f'k{kk vf/kdkjh] e/;izns'kA fo"k; %& ykWdMkmu vof/k esa ikydksa }kjk xSj vuqnku izkIr v'kkldh; fo|ky;ksa dh Qhl ds Hkqxrku ds laca/k esaA lanHkZ %& foHkkxh; lela[;d i= fnukad 24-4-2020- &&&&&&& fo"k;karxZr foHkkxh; lela[;d lanfHkZr i= }kjk orZeku ykWdMkmu ds ifjizs{; esa xSj vuqnku izkIr v'kkldh; fo|ky;ksa dh Qhl ds Hkqxrku rFkk bu fo|ky;ksa ds f'k{kdksa vkfn ds osru Hkqxrku ds laca/k esa dsUnzh; ek/;fed f'k{kk cksMZ¼Lkhch,lbZ½ }kjk tkjh i= fnukad 17-4-2020 ds vuqØe esa funsZ'k tkjh fd, x, gSA mDr vuqØe esa vkxs funsZf'kr fd;k tkrk gS fd ^^orZeku 'kS{kf.kd l= 2020&21 ds fy, v'kkldh; fo|ky;ksa }kjk ykWdMkmu vof/k esa ek= f'k{k.k 'kqYd ¼V;w'ku Qhl½ izHkkfjr fd;k tk ldsxk ,oa blds vfrfjDr vU; fdlh Hkh izdkj dk 'kqYd ugha fy;k tk,xkA** ;gk¡ ;g Li"V fd;k tkrk gS fd foHkkxh; lela[;d i= fnukad 24-4-2020 }kjk iwoZ esa tkjh leLr funsZ'k ;Fkkor~ ykxw gksaxsA ¼ds-ds- f}osnh½ mi lfpo e/;izns'k 'kklu Ldwy f'k{kk foHkkx 6. These orders evoked response from the Association of Unaided CBSE Schools stating therein that on the basis of these Circulars, the District Magistrates/Collectors have started issuing orders to these institutions that if complete salary to the teaching and non-teaching staff is not regularly paid, the action shall be initiated against them and affiliation would be cancelled. It was also stated that since the institutions have been directed not to stuck off the names of the students in the event of non deposit of amount; therefore, the parents are not depositing the fees. It was further said that since the management has to bear the establishment expenditure such as salaries of teaching and non-teaching staff which are paid from the fees which are changed under the heads of tuition fee, transport fee, mess fee, sports fee and the annual charges etc. Accordingly, it was stated that in the event of non-receiving the fees under various heads, the institutions will not pay salaries to teaching and non-teaching staff, will be compelled to lay off the staff engaged in transport, mess and other support staff, will not be able to pay the installments on loans and will ultimately be compelled to close the institution. 7. 7. With these contentions, the Association filed Writ Petition No.8025/2020 before Indore Bench of this High Court, wherein, learned Single Judge vide order dated 15.6.2020 stayed the operation of orders dated 24.4.2020 and 16.5.2020 with the rider that “… the petitioner/Institution shall not be charging any sum towards unincurred expenses during the period of lockdown (till the schools are closed) such as transportation and mess.” 8. Spate of writ petitions came to be filed thereafter by the stakeholders, viz., the Parents Association and the Teaching and Non-Teaching Staff Association at the Principal Seat and Benches of this High Court; whereon, taking note of the fact that contradictory orders have been passed by Single Bench in Writ Petition No.8025/2020 by the Indore Bench and in Writ Petition No.8458/2020 at Principal Seat, an order was passed on 7.7.2020 by the Division Bench, directing for transfer of petitions from the Benches to the Principal Seat for analogous hearing by the Division Bench. 9. After consolidation of all the writ petitions by order dated 1.9.2020, the interim order dated 15.6.2020 was modified in the following terms : “The interim order passed earlier is modified to the extent that the Schools shall be entitled to recover the amount of ‘Tuition Fee’ only from the students. In other words, the Society of Private Schools/Association of Unaided CBSE Schools are entitled to charge/recover Tuition Fee only as prescribed in the Prospectus. It is further clarified that the term 'Tuition Fee' shall have the connotation i.e. it shall be the amount which was being charged by the Schools prior to the Lockdown declared on 24.3.2020, under the Disaster Management Act, 2005. The students shall be liable to pay the ‘Tuition Fee’ only for the time being.” 10. That, on 23.9.2020, respective stakeholders were given time to file proposals, in wake of the observations by the Court that in present fact situation, whereunder not only the education system but the entire socio-economic system suffered/suffering the set-back because of the lockdown due to pandemic, stakeholders were required to furnish equitable proposals as to respective claims; thereby, declining to Rule on adversarial aspect. 11. Proposals are received from the stakeholders. 11. Proposals are received from the stakeholders. Having gone through these proposals and the submissions made on behalf of respective parties; in order to strike a balance amongst the stakeholders which include students/parents, teachers and management/institution, we direct that : (i) the unaided private institution shall ensure that the students of all ranks are not deprived of the quality education/learning by adopting digital/online education platform evolved by the Government of India under caption “Pragyata” (Guidelines for Digital Education, MHRD dated 14.7.2020) by adopting synchronous [Synchronous : This is real-time teaching and learning that can happen collaboratively and at the same time with a group of online learners or even individually, and usually a teacher, or some method of instant feedback; examples of synchronous learning are online teaching through video conference (two way video, one way video, two way audio), audio conference (two way audio) using satellite or telecommunication facilities]. or asynchronous [Asynchronous : This is anytime, anywhere learning but not connected on real time, for example, emails, SMS, MMS, surfing e-content on DIKSHA, listening to radio, podcasts, watching TV channels, etc.] method of online learning and teaching. (ii) Though the Schools are presently closed and there are no extra-curricular activities; however, the expenses on teaching and non-teaching staff/employee are to be meted out and since these private unaided educational institutions do not receive funds from the Government and are entirely dependent on fees to meet out the salaries of teaching and non-teaching staff and other daily expenses, the students/parents shall pay the Tuition Fee as per order dated 1.9.2020 which shall not be inclusive of Library Fee, Reading Room Fee, Games Fee, Laboratory Fee, Computer Fee, Practical Fee, Examination Fee (subject to if the examinations are not held) and Fee for programs organized on occasions such as National Festivals, Annual Function, Sporting Events, Development Fees. (iii) Though there exits District and State Committee for regulating fee and related issues, constituted under sub-section (1) of section 7 and sub-section (1) of section 11 of the Madhya Pradesh Niji Vidyalaya (Fees Tatha Sambandhit Vishayon Ka Viniyaman) Adhiniyam, 2017 (for short, ‘Adhiniyam, 2017’), to regulate the increment in fee. However, taking into consideration the fact that the entire physical activities in the schools are at stand still and the teaching are imparted through virtual mode; therefore, we direct that there shall not be the increment in fee for Session 2020-21. However, taking into consideration the fact that the entire physical activities in the schools are at stand still and the teaching are imparted through virtual mode; therefore, we direct that there shall not be the increment in fee for Session 2020-21. Subject to that, when the situation normalize i.e. when the Government declares that the Pandemic is over and the Schools return to normal physical functions, the District Committee shall within thirty days from such declaration take decision as to increment of fees for the remaining period of academic session 2020-21 as per the stipulation contained in sub-section (2) of section 5 of the Adhiniyam, 2017. (iv) Salaries of teaching and non-teaching staff shall be regularly paid on the due date. In case if any reduced salary is paid, the reduction shall not be more than 20% and arrears towards reduced amount shall be paid with the restoration of normalcy in six monthly equal installments. 12. These directions, as apparent, are issued under the unprecedented situation and will be prevalent till pandemic era and are not to be treated as precedent in future with the restoration of normalcy. 13. With these directions, the petitions stand disposed of finally. No Costs.