New Delhi: Sept 4, 2020: The Supreme Court has upheld the Calcutta High Court’s decision to restrain six Church schools from taking “coercive action” against students defaulting fee payment.

The schools, managed by the Church of North India, had moved the Supreme Court against the Calcutta High Court’s August 18 order. On September 3, the top court rejected the schools’ plea, saying interference in the Calcutta High Court’s order was not called for in the matter.

The high court had told the six city schools not to penalize students who have not yet remitted their fees amid the coronavirus pandemic.

The Supreme Court bench of Justices Ashok Bhushan, R. Subshash Reddy and M.R. Shah, heard the schools’ petition. The schools are two La Martiniere schools, Pratt Memorial, St James’, St Thomas’ Howrah, and St John’s Diocesan School.

Parents had petitioned the Calcutta High Court, seeking relief from the schools’ demand for immediate remittance of school fees.

The high court order had asked the schools to submit all their financial details to an expert committee, comprising Jadavpur University vice-chancellor Suranjan Das and former head of secondary board and higher secondary council Gopa Dutta, by August 31.

Senior Counsel Shyam Divan with advocates Rohit Amit Sthalekar, Sankalp Narain, representing the petitioner, had argued that the order impinged upon their right under Article 30(1) of the Constitution and should be set aside.

The counsel further argued that this order of the high court is not maintainable since a direction for the institutions to turn in their audited books of accounts prejudices the minority institutions’ rights.

The top court, however, noted that interference in the Calcutta High Court’s order of August 18 is not called for in the matter. The apex court asked the petitioners to approach the High Court for seeking the recall or modification of its order.

The apex court has ordered that the schools have been granted the liberty to file an application before the high court, “for recall or modification of the order dated 18.08.20.” The order also states that until orders are passed on the application of the petitioner, the high court order of August 18 will be kept in abeyance.

Source: indialegallive.com