Supreme Court stays the Allahabad High Court’s verdict concerning fees refund during COVID-19

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2 years ago

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The Supreme Court on Thursday stays the order of Allahabad High Court which had instructed the private schools of Uttar Pradesh to adjust/refund 15% of excess fees imposed during the COVID-19 times. Representing the Lotus Valley International School (the petitioners) Shyam Divan argued by saying that no time was given by the High Court to hold their representation. Therefore, one of the sides remained unheard which gives unfair hearing and infringed the principle of Natural Justice. Further, he said that such a violation is not right in the eyes of the law[1]. It was also added that the Allahabad High Court’s decision on the same is not within the jurisdiction of the Supreme Court’s judgment in the Indian School case[2]. The High Court during January released its verdict regarding the fee refund. It said that all private schools of Uttar Pradesh would be required to adjust the excess fees (imposed during 2020-2021) of the students who are still continuing. In the case of the students who have passed or left, the school would be given the requisite amount after the proper evaluation within the two months.

Therefore, the bench consisting of Justices Sanjiv Khanna and MM Sundresh on Thursday passed their verdict of stay to the decision of the Allahabad High Court. In Lotus Valley International School v. State of Uttar Pradesh, the private schools localized in Uttar Pradesh don’t get the opportunity to represent themselves which was observed by the honorable bench of the Supreme Court as it is violating one of the guidelines of Natural Justice[3]. This did not constitute equality and fairness with respect to the group of Petitioners or the Private Schools.

Aniruddh Atul Garg, Student at ILSR, GLA University, Mathura, 2^nd Semester, an intern under Legal Vidhiya