Copy of the Order From The Deputy Commissioner

Date:2021-03-22

https://drive.google.com/file/d/1XhFXaUKj8ZZyx-ZTw8_5Yiplr79YymSN/view?usp=sharing


In  the Court  of Chairman

Regulatory Body for Regulating Fee of Unaided Educational Institutions


Deputy Commissioner, Mohali




Case No.

Name of the Parent/

Complainant

Name of the School

Date of Decision

RB/20/2

Jasjit Singh and

others

Saupins School,

Sector 70,Moha1i

18. 12.2020




ORDER


Present:


  1. Sh. Jasjit Singh and other parents


  1. Sh. Amardeep Singh Sidhu, Director Principal


  1. Mrs. Gurujoti Kaur Kapani, Head Mistress, Saupins School 

Both parties heard at length.

  1. A complaint has  been  filed  by  Sh.  Jasjit  Singh  and  others  parents  of  students of Saupins School, Sector 70, Mohali against the school regarding not extending the benefit of  concession  in  fee  to  their  wards  during  COVID- l9.  The parents alleged that:

    1. The school is demanding IOO%  fee even during the COVID- 19 pandemic


and the children were being harassed and their online classes of were


closed due to non-payment of fees.


  1. The school  was  charging  the  entire  fees  in  the  head  of  'tuition  fees' and did not provide a breakup such as annual charges, tuition fees etc. They were inclined to only pay 'tuition fees’.

  2. A parent had applied for a fee waiver/ concession in respect of his ward - but no written reply was received from the school authorities as to whether the application has been accepted or not.

3.0 The school authorities submitted that there has been no increase in fees this year, and the fee structure is only within one head since 2013. Further, they stated  that as per the only the tuition fees as per session 2019-2020 is being collected during this session and the order issued by the Hon'ble High Court Orders in CWP 7409 of 30.06.2020 they are allowed to charge 'tuition fees' as they have no 'annual charges' —which is being complied with school authorities.

4.0 The school on a previous date was asked to submit their balance sheet and expenditure for the last 3 years. The school authorities, present in court, with these stated that as per these, it shows that 80% of their gross  income  is  spent  on  employee salaries and other fixed  expenditure.  They  further  argued  that  the Balance Sheet show a loss for 3 years and  in  the  period  of  March  to  September 2020 — affected by the lockdown — they have incurred a shortfall of Rs. 70 lakhs on due to default of fees and would find it difficult to pay their teachers/ employees.

5.0  Further, they submitted that they have given  concession  in  fee  to  the  14 children whose applications have been received as per the criteria set  by  them. They also stated that the detail of criteria for fee concession during COVID- l9 is already uploaded in their web site. Regarding the question raised by  the  said  parent, it was informed that his application may have been filed but the school will check on it.

6.0  After hearing both parties and perusal of the record, it is evident that as per Hon’b1e HC orders in CWP 7409 of 30.06.2020 the school authorities are not barred from  even  charging  annual  fees,  only  they  should  refrain   from  increasing  it  and

adopt  the same fee  structure  as  of  2019-20 —  the fee structure  remains  the same  in


this case. In addition, if any parent was facing a financial crunch due to COVID19, they were at liberty to approach the School/ this Body for relief. The operative part of the Hon’ble Court Orders are stated below:

”In view of the above discussion and reasons for each of the direction stated in


the judgment.above, the writ petitions are disposed of as under -


a) The schools are permitted to collect their admission fee, hence forth .


b) All schools irrespective whether they offered online classes during the lockdown period or not, are entitled to collect the. tuition fee. However, they will continue to endeavour and impart online/ distance learning so that education is not adversely impacted due to the present or future lockdowns imposed due to COVID-19.


c) The school  management of each schools shall work out their actual expenditure incurred under the annual charges for the period the school remained closed and recover only such genuine expenditure incurred by them including actual transport charges and actual building charges but shall not recover any charge for this period for any activity or facility towards which no expenditure was incurred. However, the annual charges for the remaining period shall be recovered as already fixed by the school;


d) The schools shall restrain themselves for the reasons, as mentioned above, from increasing the fee for the year 2020-21 and adopt the same fee structure as of 2019- 20.


e) Any parent not able to pay the school fee in the above terms may file their application alongwith necessary proof about their financial status, which shall be looked into by the school- authority and, after looking into it sympathetically, give concession or exempt the entire fee, as the case may be. In case the parent is still aggrieved, in any manner, with an adverse decision by the school on his application, he may approach the Regulatory Body, so constituted under Section 7 of the Punjab Regulation of fee of Unaided Educational Institutions Act, 2016. No parent shall misuse the concession by laying a false claim ."


7.0 In this case, the School has been charging fees under one head of 'tuition  fees' since 2013 and has not increased the fees from 2019-20. Further, it has granted upto 100% concession in fees to certain students as per criteria set and published in public domain. They have also submitted their balance sheets and are shown to be in a loss. Even the Hon'ble HC had given the relief to both Parents and Schools to ensure that neither suffers due  t0  any  financial  hardships and  the interest of the children was central. As such, there is no case made out for a general grant in relief  reduction  in  fees and  there are  no grounds reasons  for  the Complainants to seek this.



8.0 In view of the above, it is ordered that:


i. The School Authorities shall be allowed to charge the fees (i.e. tuition  fees in this case) and other dues, strictly as per the law including the norms laid  down by the Punjab & Haryana High ·Court in LPA No. 409 of 2020 and CWP No. 7409 of 2020 and connected matters vide judgements dated 1.10.2020 and 30.6.2020 respectively.


ii. The Complainant shall deposit the said fees within ·14 days of the fees being due or demand being raised by the School.


                         iii..  The School authorities shall decide  and  dispose of any  pending applications for     

                        individual  relief - as per their criteria - in an expeditious  and  fair manner. The same shall      

                         be communicated to the parents.            

       

iv. The students whose cases for fee concession  are  pending  shall  not  be debarred from online classes during the pendency of their applications .


Announced.





Date: 18.12.2020 Chairman & DC Mohali

Endst . No  52-54 CIA  dated 21- 01- 202I

A copy is forwarded to the following for compliance:

l. District Education officer (SE), SAS Nagar.

2. Principal, Saupin's School, Sector 70, Mohall.

3. Mr. Jasjit Singh and others.


For, Deputy Commissioner

Mohali



Previous Notice


Notice Date
Regarding Books Date:2021-05-06
Regarding Books Date:2021-05-06
Date-sheet CA1 For Classes III to V (2021-22) Date:2021-05-03
Date-sheet PT1 For Classes VI- VIII (2021-22) Date:2021-05-03
Holiday on Account of Ram Navami Date:2021-04-20
Notice for classes Nursery To VIII Date:2021-04-19
Regarding Books Delivery For Classes Pre Primary Date:2021-04-16
Regarding Payments of Book for Classes Nursery to 8 Date:2021-04-16
Regarding Delivery of Books Date:2021-04-12
Supreme Court Order Date:2021-04-09
Holiday on Account Of Baisakhi and Ambedkar Jayanti Date:2021-04-08
For Classes 1 to 8 Regarding New Session Date:2021-04-04
Last Working Day Date:2021-03-23
Last and Final Reminder for Books Date:2021-03-23
Copy of the Order From The Deputy Commissioner Date:2021-03-22
Regarding Books for Class I Date:2021-03-12
Regarding Books for Class II Date:2021-03-12
Regarding Books for Class III Date:2021-03-12
Regarding Books for Class IV Date:2021-03-12
Regarding Books for Class V Date:2021-03-12
Regarding Books for Class VI Date:2021-03-12
Regarding Books for Class VII Date:2021-03-12
Regarding Books for Class VIII Date:2021-03-12
Notice For Preprimary Book List (2021-22) Date:2021-03-09
Notice For Book List (2021-22) Date:2021-03-04
Regarding Fee Structure For Session 2021-22 Date:2021-03-03
Term II Datesheet for classes VI to VIII Date:2021-02-26
CA8 Datesheet for classes III to V Date:2021-02-26
New established trends and norms in Early Years Education (For Nur- UKG) Date:2021-02-25
CA7 Datesheet Date:2021-02-04
Regarding withdrawal of your ward Date:2021-01-02
Datesheet CA6 Date:2020-12-22
Datesheet PT 5 Date:2020-12-22
Datesheet CA5 Date:2020-11-19
Datesheet PT4 Date:2020-11-19
Diwali Break Date:2020-11-11
Holiday on 04.11.20 Date:2020-11-02
Date-sheet for the CA4 (2020-21) for Classes III to V. Date:2020-10-21
High Court Order Date:2020-10-01
Interim order of the Honourable Punjab and Haryana High Court dated 1st October 2020 Date:2020-10-01
Regarding School Closure Date:2020-08-31
3rd and Final Reminder Date:2020-08-27
2nd Reminder Date:2020-08-18
1st Reminder Date:2020-08-07
Interim Judgement Date:2020-08-06
Urgent Circular Date:2020-07-23
Regarding Fee Payment Date:2020-07-03
School Fee Date:2020-07-02
Timetable (changed) Date:2020-06-19
Timetable (changed) Date:2020-06-19
Schedule of online classes Date:2020-05-29
For classes 3 to 8 regarding books payment Date:2020-05-20
Ordering of books Date:2020-05-19
For Classes Nursery to 2 Date:2020-05-11
Regarding books Date:2020-05-06
Home delivery of books Date:2020-05-05
Summer Vacation Date:2020-05-01
Regarding Google Meet Date:2020-04-29
Zoom Classes Date:2020-04-16
Summer Break Date:2020-04-14
Regarding Google Classroom Date:2020-04-04
Online classes Date:2020-04-02
Regarding Online Classes Date:2020-04-01
Regarding extention of payment of fees Date:2020-04-01
Regarding enquiry Date:2020-03-22
Regarding promotion to next class Date:2020-03-14
Book List for Pre- primary Date:2020-03-11
School timings during Exams Date:2020-03-07
Classes Nursery to 1 regarding Mahattattwa Date:2020-02-27
Book List 2019-20 Date:2020-02-20
Holiday on 11.03.21 Date: