Thread by @barandbench

A Justice Ashok Bhushan led bench
hears plea challenging the Calcutta High Court which directed that private school fees must be reduced by a minimum of 20%.

#RightToEducation
#SupremeCourt

Senior Adv Dr AM Singhvi: High Court has transgressed its powers and acts like a super regulatory authority under Article 226 of the Constitution by directing private schools to have a reduction in the fees being charged

@DrAMSinghvi
#onlineeducation

Singhvi: Calcutta HC created a committee to check the accounts of the schools. The committee includes the advocate of the petitioner. This is not acceptable at all

#SchoolFees
@DrAMSinghvi

Singhvi: Schools are having to face expenses even during lockdown. The order has been made binding even on parties who were not heard. Govt has allowed sharing proportionate fees, which has been overridden by the High Court even thought there was no complaint

Justice MR Shah: Dr Singhvi, there are so many state govt who are not taking any decision related to fees. Why cannot the HC decide?

Singhvi: it is nobody's case that what is being provided for is not being charged with

Justice MR Shah: how can you charge for labs or physical facilities when there is no school??

Singhvi: Can the HC say that revenue over expenditure cannot be over 5%

Justice Shah: all the difficulties is because of #COVID19... When TMA Pai was decided COVID was not there

Singhvi: This judgment needs to be stayed as being contrary to three constitution bench judgments.

Senior Adv Kapil Sibal appears for South Point education society, Kolkata: all schools are different and there cannot be a general order.

.@KapilSibal : we are dealing with 100s and 1000s of institutions which has no aid. The court does not have facts before it to pass a general order. Covid relief should be in ref to the fact that state places before the court

Sibal: I have a proposal.. in case there is a deficit in payment of fees during covid then installment facility can be availed for.

Justice Shah: HC has said that those who can pay will pay. It had been considered

Sibal: how will someone pay if they get a reduction?

Adv Jaideep Gupta: Court has taken a capricious decision as it had no evidence before it. SC does not permit any figure in order unless it's justified. How can the reduction of 80% of fees be allowed? A school teaches through craft but that is non essential as per HC order!

Adv J Sai Deepak appears for the caveators

SC issues notice and says will hear at length. Directions 8 to 16 of the Calcutta HC order stayed.

[School Fees amid COVID-19] Supreme Court issues notice in plea challenging Calcutta High Court order directing 20% reduction in private school fees

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