Dharmesh Nigam, whose 12-year-old daughter studies in a private school in the western suburbs of Mumbai, along with a group of parents, had successfully negotiated against the proposed 10 percent fee hike for the 2020-21 academic year.
This year, the school is proposing a 20 percent fee hike.
With the Coronavirus situation worsening in the city over the past few weeks, online classes have continued. Nigam is among several parents who don’t want to pay any excess fee.
“We are not saying ‘don’t charge fees’. But what is the rationale behind a hike when students are still studying from home and the school isn’t incurring any additional costs,” he added.
Moneycontrol had reported about the slew of court cases filed against fee hikes across the country in 2020. A similar situation is panning out in 2021.
Cases filed
Cases have been filed against fee hikes for the 2021-22 academic year in Delhi, Mumbai, Kolkata and Chennai.
While schools argue that costs are on the rise, parents want fee concessions since classes are held online.
In 2020, high courts had taken different decisions on the matter. A Delhi High Court order had allowed a school to issue notices to parents who are defaulting tuition fee payment for more than two months.
However, the consensus in all court cases was that schools must be sympathetic towards students and parents who are unable to pay the hiked fee.
State governments take action
Since education is on the Concurrent List, the Centre, as well as the states, have the right to decide on the subject.
Paying heed to the demand of parents, a few governments in states and union territories have asked schools to not hike fee for the upcoming academic year.
The Gautam Buddh Nagar district administration, for instance, has now said that schools in the Noida region cannot hike fees for 2021-22 in the wake of COVID-19.
The order said that parents should not be forced to pay fees for the full year and only monthly fees should be collected.
Schools, however, are not convinced. The principal of a private school in Noida said that a handful of parents have not even paid the fees for the previous year, and now a hike for this year has also been barred.
"There is a misconception that schools are saving costs. But no, technology-related expenses are on the rise and maintenance costs remain the same. Only classroom electricity expenses have been reduced. So, parents not wanting to bear the costs is unfair," he added.
In Tamil Nadu, the private school fee determination committee is yet to decide on the fee to be charged by schools for the new academic year.
Schools want a 10 percent fee hike and the right to debar non-paying students from online classes.
The Bombay High Court has asked the state government to resolve individual cases on fee hikes in schools.
In 2020, the Maharashtra government had in a government resolution (GR), in May, stated that schools cannot hike fees in 2020-21 due to COVID-19.
However, a few parents who had agreed to the hike prior to the GR, filed petitions in the Bombay HC, seeking relief. The court has clarified that the GR will not have retrospective effect, meaning that fee hikes accepted/implemented, prior to the GR issue date, will be valid.
Additionally, private schools in Mumbai also wanted to debar students who have not paid the revised fee. However, after consultations with parent groups, a decision has been taken to not debar students who have not paid the difference.
In Punjab and Haryana, too, a similar playbook is implemented. The Punjab and Haryana High Court has barred schools from hiking fees for 2021-22 due to COVID-19.
Apex court's view
The Supreme Court had said, in February 2021, in a matter pertaining to schools in Rajasthan, that schools can collect fees for FY20 and FY21 in six monthly instalments, between March and August.
The SC has not barred schools from fee hikes for the 2021-22 academic year but it has said that students should not be debarred. Parents who are unable to pay the revised fees can approach schools where the management has been advised to take a sympathetic approach.
Discover the latest Business News, Sensex, and Nifty updates. Obtain Personal Finance insights, tax queries, and expert opinions on Moneycontrol or download the Moneycontrol App to stay updated!