Gandhi Sewa Sadan Rajsmand Petitioner(S) v. State Of Rajasthan And Others (S).

Factual and Procedural Background

This opinion concerns a group of connected Special Leave Petitions (Civil), including SLP(C) Nos. 27907-27916/2019, 27987/2019, 27881/2019, 2942/2020, 5902/2020, Diary No. 6803/2020, SLP(C) Nos. 5470/2020, 5589/2020, 431/2021, Diary No(s). 44/2021 (XV), SLP(C) Nos. 577-579/2021, 619/2021, and SLP(C) Diary No. 3533/2021, which was taken up along with these matters at the request of the petitioners.

The hearing of these cases has commenced and is part-heard. Anticipating that the hearing will require more time, the Court decided to issue interim directions to address, at least in part, the concerns of all parties pending final adjudication. One of the connected matters involves the State of Rajasthan and unaided schools in relation to “unit cost” dues.

The Court has ordered that the matters be listed for continued hearing on 15 February 2021 and has issued interim directions governing the collection of school fees for the academic years 2019–2020, 2020–2021, and 2021–2022, as well as directions concerning students’ access to classes and examinations.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court notes that the hearing of the grouped Special Leave Petitions has commenced and is part-heard, and that it is likely to take more time before a final decision can be rendered. In view of this, the Court considers it appropriate to issue interim directions to address, “in some measure,” the concerns of all parties while the matters remain pending.

On that basis, the Court decides to stay the “impugned order” conditionally. The stay is structured through a series of interim arrangements concerning the collection of school fees and the treatment of students by school management:

• Schools (management) are permitted to collect fees for the academic years 2019–2020 and 2020–2021 at a level equivalent to the fee amount notified for 2019–2020, payable in six monthly installments from 5 March 2021 to 5 August 2021.
• Management is prohibited from debarring any student from attending online or physical classes, or from withholding examination results, on the ground of non‑payment or arrears of fees (including the specified installments).
• Parents who face difficulty in paying fees in terms of this interim order may make individual representations to the concerned school, and school management must consider such representations on a case‑by‑case basis, “sympathetically.”
• The interim arrangement for 2019–2020 and 2020–2021 is expressly stated not to affect the collection of fees for the academic year 2021–2022, which remain payable as and when due in accordance with notifications by the management/school.
• For the ensuing Board examinations for classes X and XII to be conducted in 2021, school management must not withhold the name of any student/candidate on the ground of non‑payment of fees or arrears, provided an undertaking is obtained from the concerned parent or student.

The Court further orders that these interim arrangements are subject to the ultimate outcome of the pending matters, including final directions that may be issued, and are made without prejudice to the rights and contentions of all parties in these proceedings.

Additionally, the Court directs the State of Rajasthan to ensure that all outstanding government dues towards “unit cost” payable to respective unaided schools are settled within one month from the date of the order and, in any case, before 31 March 2021. The Court then formally orders in accordance with these directions and notes that the hearing has been part-heard and will continue on 15 February 2021.

Holding and Implications

The Court’s operative decision is an interim order. The core ruling is that the impugned order is stayed subject to specific conditions.

The principal directions and their immediate implications are:

• Fee collection framework: Schools may collect fees for 2019–2020 and 2020–2021 at the 2019–2020 notified rate, in six installments between 5 March 2021 and 5 August 2021, providing a structured mechanism for fee recovery during the pendency of the litigation.
• Protection of students: Schools cannot debar students from attending classes (online or physical), nor withhold examination results, for non‑payment or arrears of fees during this interim period. For Board examinations of classes X and XII in 2021, schools must not withhold students’ names for non‑payment of fees, subject to obtaining an undertaking from the concerned parent/student.
• Relief mechanism for parents: Parents facing difficulties in paying fees may individually approach their schools, and schools are required to consider such representations on a sympathetic, case-by-case basis.
• Future academic year unaffected: The arrangement for 2019–2020 and 2020–2021 does not affect fee collection for 2021–2022, which remains governed by the management’s notifications and the usual due dates.
• State obligation: The State of Rajasthan must clear all outstanding “unit cost” dues payable to unaided schools within one month or, in any event, before 31 March 2021.
• Interim nature: All these directions are expressly subject to the final outcome of the pending Special Leave Petitions and do not prejudice any party’s rights or contentions. The matters remain PART‑HEARD, and the hearing is scheduled to continue on 15 February 2021.

The order operates as an interim regulatory framework for fee collection and student rights between schools, parents, and the State of Rajasthan, pending final adjudication. The opinion does not indicate that any broader legal precedent is set at this stage.