Are schools within their right to charge tuition fee?

CHANDIGARH: As parents of students in at least five Chandigarh schools protest against charging of tuition fees given the Covid-19 lockdown and suspension of classes, the institutes insist on being paid to cover expenses, including staff salaries, even as the UT education department drags it feet on the issue, having recently modified its March 29 order that had deferred payment of fees. Let’s find out what exactly is going on over here.

WHY ARE PARENTS PROTESTING?

The parents’ protest started last week after the education department, on May 18, allowed the schools to charge tuition fees every month. Paying fees during the Covid-19 lockdown with most offices closed and businesses shut down is impossible, say parents. They say they are willing to pay only the tuition fee as directed by the administration, but allege that schools have started asking for consolidated fees, with some even demanding advance payment of three months.

WHAT DO SCHOOLS SAY?

The Independent Schools Association (ISA), which represents private schools, says around 50 institutes out of 70 will not be able to pay staff salaries if they don’t charge fees. HS Mamik, chairman, ISA, says schools are ‘not-for-profit’ bodies and they cannot sustain without fees. Besides, online classes are continuing even as schools have to pay property tax, electricity and water bills and transportation charges to contractors.

CAN UT ADMN REGULATE FEES?

Rubinderjit Singh Brar, director, school education, says under unprecedented circumstances such as the Covid19 outbreak, the education department can regulate how much fee schools can charge. The Punjab Educational Institutions Fee Regulation Act, 2018 confers powers on the UT education department as a fee-regulatory authority to check profiteering among schools. Invoking the same Act, the UT education department asked schools to upload their balance sheets online, which a majority of institutes did not comply with.

COULD UT ADMN HAVE INTERVENED?

The education department could have intervened as a regulatory body. Advocate Pankaj Chandgothia, who has filed a public interest litigation in the high court, says the education department failed to act on multiple complaints by parents in March and April. Also, before allowing collection of fee on March 18, the department should have examined the balance sheets of all the schools, which it was mandated to do as a regulatory body. Balance sheets uploaded by some schools show surplus funds.

WHAT IS THE IMPACT OF HC ORDER?

The ISA challenged the March 29 order of the education department deferring payment of school fee during the lockdown, saying schools did not have the money to pay salaries to teachers. The department then modified the order and allowed schools to charge tuition fee. The matter was disposed of by the HC as schools’ grievance stood redressed. Unless challenged by parents, schools are now well within their right to charge tuition fees.