Don’t debar students, solve fee issue, Bombay HC tells unaided schools – Times of India

Mumbai: Bombay high court on Thursday asked unaided schools to consider an amicable solution to any issue of students not being allowed to attend virtual classes for non payment or late payment of fees. Counsel J P Sen for the Unaided Schools Forum said he would attempt to find an amicable way to resolve the issue.
The HC bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni said it welcomed such attempt given the Covid-19 pandemic situation and adjourned a Public Interest Litigation (PIL) filed by a BJP Member of Legislative Assembly (MLA) Atul Bhatkhalkar, to July 16, giving time for the schools to study the issues and apply its mind. “We don’t want that parents of students leave aside everything and approach authorities with grievances. This is not a happy situation,” said HC. “ Do not debar students students, find a solution. It is not something that they should be coming to courts for…the approach should be different.’’
The HC allowed the Unaided Schools Forum and the Maharashtra English Schols Trustees Association to intervene in the PIL and directed that they may file their affidavit before the next date.
Bhatkhalkar’s counsel Birendra Saraf said while last year the HC had passed protective orders against students being denied permission to attend classes over non-payment it was for that year, and this year again there have been complaints of students being asked not to attend even virtual classes for delay in payment of fees. “How can dispensing or sharing of knowledge be denied to students and how is that a burden?’’
The PIL sought interim orders to enable school fee payment in instalments and not to debar any students from either online or physical classes over fee arrears or non-payment or withhold their progress report.
Sen stressed that he has just received the PIL copy on Wednesday and said he needs to study the contentions as it was not all bad as painted by the petitioner. He said in fact, schools have been trying to settle any issues that may arise too due to financial constraints.
Geeta Shastri, additional government pleader, submitted the notifications by which a divisional fee regulatory committee had been set up in various districts and it can address disputes and grievances by parents over fees. She also showed some internal communication dated July 8 by the department for its functioning. The HC expressed its satisfaction over such information.