Schools can’t expel students without court’s nod: HC

Calcutta High Court. (Photo: iStock)


Hearing a contempt matter against 145 schools, a Division Bench of Justice IP Mukherji and Justice Moushumi Bhattacharya of Calcutta High Court on Friday directed the schools not to expel any student without express consent of the court.

The matter will be heard by the Supreme Court on 5 April and adjourning it till 16 April, the Division Bench directed that the schools be served with copies of the petition.

Earlier, appearing for Assembly of God Church School, Amrita Pandey submitted that a similar order as passed by a Division Bench of Calcutta High Court last year was passed by Rajasthan HC which was dismissed by the SC.

The apex court held that full fees are to be paid by the students. Last year, a Division Bench of Calcutta HC directed that in the backdrop of the pandemic the schools in the state can take only 80 per cent of the fees starting for the session from April 2020.

It was further directed that the fees for libraries,laboratories, swimming pools and other facilities are not to be charged as they are not being used. A committee was formed by the court to adjudicate on complaints of parents and schools.

The parents were directed to pay 80 per cent fees and it was further directed that students of classes from 10 to 12 should be leniently considered as not giving fees would affect their careers. Some schools appealed to SC which stayed the formation of the committee, but affirmed 20 per cent reduction of fees as an interim measure.

Some parents moved a contempt application after 145 schools were alleged to be not complying with the order of 20 per cent reduction in fees, have expelled students due to non-payment and also charging fees for facilities not used by students.