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2022 DIGILAW 258 (CAL)

Rajib Chakraborty v. State of West Bengal

2022-02-18

I.P.MUKERJI, MOUSHUMI BHATTACHARYA

body2022
ORDER : 1. Further to the order dated 8th February, 2022 passed by the bench presided over by the Hon'ble the Chief Justice, W.P.A.(P) 46 of 2022 (Tanweer Ahmed Khan and Ors. vs. The State of West Bengal and Ors.) is treated as on the day's list. 2. By March, 2020 there was a sudden, widespread and most serious onset in our country of the pandemic caused by the Covid-19 virus. Physical education had to be discontinued. It was substituted by online education. 3. Online education generated its own problems. 4. On one hand, the students or their parents/guardians complained that the schools and other educational institutions continued to charge them fees which were disproportionately high considering the type of education imparted online. They said that although physical education had been discontinued, the schools and other educational institutions were charging them for facilities and services which could only be rendered when education was physical. On the other hand, the management of a body of schools and other educational institutions were aggrieved by non-payment or short payment of fees by the students. It was alleged on behalf of the students that services rendered by those institutions were much reduced by the online mode, and the parents/guardians were suffering economic hardship caused by the pandemic. Hence, fees be reduced. 5. This court intervened through this public interest litigation to mitigate this problem. By the order of this bench dated 13th October, 2020, directions were made for smooth conduct of education in schools and other educational institutions covered by this litigation during this period. The most important part of it was that the schools and other educational institutions could only charge fees for essential services rendered online, with 20% deduction. 6. As the situation stands today, there is substantial remission of the effects of the pandemic. Life in all spheres has become substantially normal. In fact by the notification of the State Government dated 14th February, 2022, even primary and upper primary schools have been thrown open to physical education with effect from 16th February, 2022. 7. Therefore, from now, education in all the schools and other educational institutions covered by this public interest litigation would be physical. 8. In fact by the notification of the State Government dated 14th February, 2022, even primary and upper primary schools have been thrown open to physical education with effect from 16th February, 2022. 7. Therefore, from now, education in all the schools and other educational institutions covered by this public interest litigation would be physical. 8. Taking note of this situation and after having heard learned counsel appearing for the respective parties, we are of the view that the interim orders which are operating need to be further modified to the following effect : (a) With prospective effect from 16th February, 2022, that part of our order permitting deduction of 20% of school fees shall stand vacated. (b) The schools and other educational institutions shall be permitted to charge fees according to their policy and arrangement with the students. (c) Up to 28th February, 2022, subject to (d) below students shall pay the school fees according to the interim orders made by us prior to this day, for online classes. (d) In case of any dispute between the school fees claimed and the school fees payable according to a student for the period up to today, 50% (fifty per cent) of the demand by the school or the admitted amount by the student, whichever is higher, has to be paid without prejudice to the rights and contentions of the parties in this litigation, by 15th March, 2022. Our earlier interim order with regard to payment of the disputed amount stands modified to this extent. (e) Till 31st March, 2022 or until further orders, whichever is earlier, no coercive action like expulsion of any student from the school, withholding of admit card to sit for any Board or school examination, withholding of mark-sheets or certificates on the ground of default in payment of school fees, shall be taken by the schools or other educational institutions covered by this litigation against any student. 9. List this application along with the contempt and any other application on 25th March, 2022.