Excelsior Correspondent
Srinagar, Nov 28: The High Court today issued notice and sought reply from the Government over charging of tuition, bus and incidental fee by the private schools for August, 2019 onwards despite Government order for not charging the said fee.
Hearing the petition filed by one Sheikh Umar Farooq through Senior counsel Advocate Jehangir Iqbal Ganie, the Division Bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar after hearing advocate Ganie, in the first instance issued notice to the Government for response.
The Court issued notice to the Chief Secretary of Union Territory, Divisional Commissioner Kashmir, Commissioner Secretary to Education and Director School Education Kashmir for filing of reply to the plea.
Advocate Jehangir submitted before the Court that due to unprecedented situation in J&K post July, 2019 private schools remained non-function due to one reason or another and most of the schools have started pressurizing and demanding parents into paying full monthly payments including tuition fee bus fee and other incidental charges.
He submitted that despite the fact that none of the aforesaid facilities have been utilized by the school going children, parents are supposed to pay the tuition fee subject to the fact that their children have not been taught by the teachers, schools render service of the teaching and the parents are in such situation are duty bound to pay the fee, but when the service is not available by the private schools, they cannot seek for any remuneration for the work they have not undertaken.
He sought direction from the Court that the authorities ensure that no tuition, bus or any other sought of incidental fee is charged from parents by any educational institute from August 2019 onwards till normal class work resumes and to implement the Right to Education Act in letter and spirit .
It is noted that recently the office of the Divisional Commissioner Kashmir after various complaints had instructed that bus fee is not to be charged by schools for the time period, they remained closed.
The said order has been communicated to Deputy Commissioners of all districts for implementation and even after such clear instruction the parents are still asked to make payments in full without any concessions. “Owing to the fact that buses of the schools and other local transport could not ply and remained affected by and large”, read the petition.
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