Published: 02nd May 2022
Gujarat HC stays order that banned schools from sending reminders for school fee payment to parents
The order held that sending reminders amounted to 'harassment of children and parents' and violated Section 75 of the Juvenile Justice Act
The Gujarat High Court has stayed an order passed by the Collector and District Magistrate of Surat, banning schools from sending reminders for fee payment to the parents of students. The court heard a plea filed by the Federation of Self-Financed Schools against the order that was passed by the Collector that said "harassment of schools students over non-payment of fees is a gross violation of Section 75 of the Juvenile Justice Act."
According to a report by LiveLaw, parents had filed a complaint with the National Commission for Protection of Child Rights (NCPCR). The NCPCR had asked the Collector to take appropriate action, after which the order was passed. Section 75 of the Juvenile Justice Act prescribes punishment for cruelty to children. The order had said that schools cannot do anything that will affect the education of students. It had also said that disobeying the order by schools would amount to a violation of the Right to Education Act.
However, the schools countered that reminders for payment of fees cannot be constituted as "harassment". The court held that, prima facie, this argument held weight and, therefore, agreed to provide schools interim relief by staying the Collector's order. The court has also issued a notice to the NCPCR.