Kerala High Court Restraints Schools from Charging Extra Fees for Online Classes

The Kerala High Court has passed an order restraining schools in the state from collecting any additional fee for conducting online classes. Schools in Kerala began giving virtual classes to students from 1 June onwards.

The order was passed by Justice CS Dias, who, in the order, also referred the petition to a division bench, as the matter involves a great deal of public interest.

The High Court bench observed that several schools are charging extra fees for online classes. However, the bench ruled that students should not be denied education for failing to pay their fees during the exigent situation that is now prevailing in the country due to the coronavirus pandemic. The court passed the order while hearing a petition filed by two students who have challenged the decision of the schools to demand payment of fees without beginning regular classes or without providing online learning facilities.

The High Court bench also referred to the suicide of a 14-year old student named Devika, who committed suicide allegedly as she was unable to join online classes for want of a smartphone or television. 

The court referred to the matter as “disheartening”, as the right to education is a fundamental right according to the Indian Constitution, being a mandate under the Right of Children to Free and Compulsory Education Act 2009.

The petition has also raised a grievance that the state government has not issued proper guidelines for the online classes being conducted.