Benefit Of Sibling Fee Relief Subject To Certain Riders And Cannot Be Claimed As A Matter Of Right: Allahabad HC Directs School To Readmit Expelled Students
The Allahabad High Court directed school authorities to readmit two siblings who had been handed over their transfer certificates over refusal of fee payment by parents.
The school had introduced a Sibling Fee Relief which provided 50% fee relief to parents with two children in the school, extending such relief to the younger sibling who was the biological offspring of the same parents.
The scheme provided its applicability for the session 2023-2024, with the school reserving the right to withdraw relief if a child was found guilty of a disciplinary misdemeanour, damaging school property, failing exams, or if the parents were found to show disrespect towards the school or its staff.
The dispute arose when parents claimed entitlement to the benefit, but the school asserted a default in timely fee payments, leading to a refusal of the relief.
A Single Bench of Justice Ashutosh Srivastava observed, “benefit offered to the parents whose two children are studying in the institution subject to certain riders and cannot be claimed as a matter of right.”
Advocate Ritesh Upadhyay represented the petitioner, while C.S.C Ashish Kumar Singh appeared for the respondent.
The writ petition was filed to direct the school to accept fees for two students, enrol their names in the school rolls, and permit them to take their classes without any hindrance in the interest of justice.
The Court directed the parent to withdraw all proceedings against the School Authorities, including his complaints under the U.P. Self Financed Independent Schools (Fee Regulation) Act, 2018, with the Police Authorities, and on the IGRS portal against the institution and its teaching staff. The parent was also directed to deposit the defaulted fee (waived fee).
The Court ordered the school to withdraw the defamation suit instituted against the parents and withdraw the transfer certificates of their children. The school was further directed to readmit the names of the children in the school roll.
The High Court disposed of the writ petition accordingly.
Cause Title: Satendra Kumar & Ors. v. State Of U.P. & Ors. (2024:AHC:10607)
