SC: Schools can take actions for recovery of fees

By Legal Wires 3 Minutes Read

The Supreme Court has observed that the school management can take appropriate actions against the parents of the students for recovery of the outstanding dues, who have defaulted payments of school fees.

Progressive Schools Association v. State of Rajasthan

The Bench of Justice AM Khanwilkar and Justice CT Ravikumar observed that:

“It is open to the School Management to initiate appropriate action for recovery of the outstanding dues/amount, if any, in accordance with law. At the same time, if the concerned parent/ward seeks some indulgence for just reasons, it will be open to the School Management to consider such request compassionately. Besides this, nothing more is required to be said,”

The Schools Association had filed an application before the Apex Court stating that the last date for paying the instalments referred to in the May 2021 judgment of the Supreme Court had already expired long back and despite that, there were some parents/wards who are still in arrears and have committed default.

The Court had held that States cannot cite the COVID-19 pandemic to impinge upon the autonomy of private unaided schools to fix and collect “just” and “permissible” school fees from parents, in May 2021 judgement.

The Supreme Court in its order has directed that the recovery process of the outstanding dues shall be in accordance with law and as per the May 2021 judgement.

Legal Wires

Team @LegalWires