A petition has been filed before the Delhi High Court seeking directions to the private schools in National Capital Territory of Delhi, not to charge fees of any nature in wake of the current COVID-19 pandemic in interest of justice.
The petition has been filed by Naresh Sharma through Advocates Pradeep Sharma and Harsh Sharma.
The petition has requested the Court to issue directions to the Directorate of Education of the Government of National Capital Territory of Delhi to take steps with regards to the waving off the school tuition fee.
The petition has also asked the court to apply and interpret the force majeure clause that excuses parties from performing their obligations or from doing so on time. The schools are bound to follow the terms and conditions which are part of the school prospectus, and if there is no Force Majeure clause in the prospectus, demanding tuition fee without providing actual education violates the principle of contract and natural justice.
According to the petitioner, several side effects are being faced by students due to online classes, and these classes have several other medical and psychological implications going completely against the concept of school education.
The petition has also stated that the entire student community is facing a lot of problems to gain knowledge through online education system. The private schools are being run by either a society or a trust and are not doing any social service to the society.
According to the petitioner, there are several facilities that are declared by schools regarding the purpose and the manner in which education will be imparted to students, along with the fees that will be charged for the same. Since now those facilities cannot be provided by the Schools, the parents are entitled to a relief regarding their obligation of paying the tuition fees.
-India Legal Bureau