Supreme Court hearing a batch of petitions challenging the Calcutta High Court which directed that private school fees must be reduced by a minimum of 20%.

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It was on October 14 that the High Court passed the order.

Detailed report may be read here : https://www.livelaw.in/top-stories/it-is-obvious-that-schools-have-incurred-less-expenditure-over-a-prolonged-period-of-time-calcutta-hc-orders-min-20-reduction-in-private-school-fees-read-order-164435

Senior Advocate Dr AM Singhvi @DrAMSinghvi for the petitioners submit that the High Court transgressed its powers under Article 226 of the Constitution by directing private schools to reduce their fees.

High Court cannot act like a super-regulatory authority : Singhvi submits.

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The High Court has created a committee to check the accounts of the schools. The committee includes the advocate of the petitioner. This is unacceptable : Singhvi.

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The High Court relied on the overruled judgment in Unnikrishnan case to pass the directions : Singhvi.

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The High Court made the directions binding even on those private schools which were not heard : Singhvi.

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Schools are incurring expenses even during lockdown. Govt has allowed charing proportionate fees, which has been overridden by the High Court even thought there was no complaint : Singhvi.

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Justice Shah : Suppose Government has permitted, does that mean High Court cannot issue directions?.

Singhvi : High Court has not struck down the government circular.

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Justice Shah : How can you charge for sporting facilities, lab charges etc when there is no physical school?

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Singhvi : How can the High Court issue directions such as the revenue should not be in excess of 5% of the expenses? This is in violation of TMA Pai judgment.

Justice Shah : When TMA Pai was delivered, there was no #COVID19.

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Singhvi : This judgment is completely contradictory to three constitution bench judgments, and one 11-judge bench on regulation of private education fees. This needs to be stayed.

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Kapil Sibal : Not all schools even in a district, forget State, are the same. The High Court cannot pass a general order.

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Sibal : We are dealing with hundreds and thousands of institutions in different areas and different situations. The Court cannot pass a general order as all the facts are not before it.
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Sibal : Court on its own cannot pass a general order on the basis of what it thinks it fair.
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Justice Shah : The judgment has clarified that those who can afford to pay can pay the full fee.

Sibal : Why would anyone pay?
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Sibal : This is completely capricious. The Court had no material to say 20% fee should be reduced.

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Jaideep Gupta submits that his client is a school which teaches small children through craft. But the HC declared craft as a non-essential service, he adds.
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SC issues notice to respondents and West Bengal Govt on the petitions. Stays directions numbers 8 to 16. Says that these directions (8 to 16) should not be implemented.

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SC refuses to interfere with the directions of Calcutta HC regarding reduction of private school fee by 20% and not to hike fee.

SC however stays the directions regarding the constitution of a committee to oversee the accounts of the schools.