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The Punjab and Haryana High Court has restrained schools situated in areas
within its jurisdiction from charging transport fees from students.
The Division Bench was hearing an appeal against a July order of a Single Judge,
wherein directions were given in relation to charging fee etc. from the students
in COVID-19 situation.
The Court was informed that the students are being charged transport fees even
while the classes are being conducted online. Further, annual fee of Rs. 34,000/-
was being levied for building maintenance even though the building has not
been in use for the last seven months.
The Petitioner-appellants pointed out that the impugned order relied on the
judgment in Independent School Association Chandigarh (Regd.) & Ors. v. State
of Punjab & Ors., which itself was passed in ignorance of the Haryana School
Education Act, 1995.
In the said case, the Single Judge had held that all schools, irrespective of
whether they offered online classes during the lock-down period or not, are
entitled to collect the tuition fee -
https://blog.ethicallegal.in/2020/07/01/irrespective-of-online-classes-offered-
or-not-schools-entitled-to-collect-tuition-fee-for-lockdown-period-punjab-
haryana-high-court/
This was challenged before a Division Bench headed by Chief Justice Ravi
Shanker Jha, who clarified that even though the schools are permitted to collect
tuition fee, they shall not strike out the names of such students who have either
sought concession/ waiver of school fee.