UP Schools Gets Relief SC Stays Allahabad HC Order to Refund Excess Fees

The Supreme Court today stayed an order of Allahabad High Court directing schools in Uttar Pradesh to refund/adjust 15% of “excess” fees charged during the 2020-21 academic session.

The petitioner stated before the apex court that a private school challenged the direction claiming that it was passed without permitting an opportunity to itself or any other private schools.

A Bench of Justice Sanjiv Khanna & Justice MM Sundresh passed the stay order.

In January, the High Court directed that the fees paid in excess of what was directed by the Supreme Court in its judgment in the Indian School, Jodhpur v. State of Rajasthan that would be adjustable towards future fees.

The Court ordered that “It is made clear that in case any fee has been paid in excess of what has been determined by the Supreme Court in the aforesaid judgment, in the case of the students still studying, the same may be adjusted in the fee to be paid in future. In the case of students who have passed out or left the school, the amount may be calculated and returned to those students. Let the entire exercise be done within 2 months of the date.”

Therefore, the petitioner claimed that High Court’s directions go beyond what the top court held in the Indian School case.

However, it was asserted that the order was passed in violation of the natural justice principles as it wasn’t given an opportunity to be heard and present its case.