Students need to pay full fees by Oct 25, schools can’t bar them from exams: Calcutta High Court

The division bench also directed that all rustication orders shall be kept in abeyance for the time being.

THE CALCUTTA High Court on Friday directed that students would have to pay the entire claim of fees made by school authorities by October 25, while asking the institutions not to prevent any student from writing any board or annual or mid-term assessment examination of the school.

A division bench comprising Justice I P Mukerji and Justice Moushumi Bhattacharya also directed that all rustication orders shall be kept in abeyance for the time being.

The order said, “The students shall have to pay the entire claim made by the school authorities, without prejudice to their rights and contentions in the manner indicated herein.” It added, “The undisputed/admitted part of the bill and the disputed part of the bill may be segregated by each student and paid separately, indicating in a written note accompanying such payment the amount which is disputed and which is admitted. The school authorities will be entitled to straightway appropriate the admitted amount. They shall also receive the disputed amount, deposit the same in a separate account and keep an account. Such payment has to be made by the students positively by October 25, 2021.”

The bench added, “For the time being, the school authorities will not prevent any student from sitting in any board or annual or mid-term assessment examination of the school. For the time being, all rustication orders shall be kept in abeyance.”

The bench also observed, “It appears from these affidavits that a substantial amount, running into several crores, is outstanding, according to the school authorities, from the students. It is submitted on behalf of the school authorities that if the fund generated by school fees is not received by the schools, it would be impossible to maintain and run them. During this festive period it would be difficult for them to pay bonus etc.”

The court said, “Each school will file a further affidavit indicating the payments received in terms of this order. They shall also prepare a list of defaulters and the total amount due from each of them.”

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