A Public Interest Litigation was filed in the Gauhati High Court being numbered as PIL No. 41/2020 regarding waiver of the School/College Fees. Prior to that, the Hon’ble Supreme Court on 10.07.2020, refused to entertain a petition seeking a waiver of private school fees due to the coronavirus-induced lockdown. A bench headed by Chief Justice SA Bobde refused to interfere on the issue saying that problems of each state are different and the matter should have been raised before respective High Courts. Asking the petitioners to withdraw the plea, the bench said it was a fact-intensive situation as problems of each state are different. By the Order dated 05.08.2020, the Hon’ble Gauhati High Court held in PIL No. 41/2020 that, “Considering the stand of Commissioner & Secretary, Elementary Education Department conveyed by the above extracted portion of order dated 04.08.2020, we have questioned Mr. D Saikia as to why a notification cannot be issued to waive 25% of the charges w.e.f. after April, 2020. Mr. D Saikia seeks time to take instructions.” Earlier State Government had vide order dated 22.04.2020, issued a guideline for every Educational Institution to waive 50% of monthly school/college fees exclusively for the month of April, 2020 for the students studying in any class from pre-primary to Class-XII. Subsequent thereto, however, the benefit was not extended.
The Hon’ble Gauhati High Court further observed that, pendency of this petition would not bar the respondents from issuing a notification for waiver of fees, as considered appropriate in the opinion of the administrative authorities.
Following the said observations by the Hon’ble Gauhati High Court in PIL No. 41/2020, the Assam government on 14.08.2020 has asked private educational institutions to waive off at least 25 per cent fees of students from Pre-Primary to Class 12. This will be applicable from May 1, 2020 till the “formal and physical opening of schools”.
In a notification, the Commissioner and Secretary to the Government of Assam, Education Department, said that the institutions must give fee relaxation as they are saving substantial amounts on various fronts such as, energy charges on electrical consumption, fuel cost for transportation, maintenance of vehicles, cost of meals in the case of residential and day-boarding schools, maintenance of swimming pools and gyms, reduction in the cost of cleaning, reduction in the cost of organizing events.
