(A.M. Khanwilkar and Dinesh Maheshwari, JJ.)
Gandhi Sewa Sadan Rajsmand ________________________ Petitioner;
v.
State of Rajasthan and Others _____________________ Respondent(s).
Petition(s) for Special Leave to Appeal (C) No(s). 27907-27916/2019, decided on February 8, 2021
With
SLP(C) No. 27987/2019 (XV) SLP(C) No. 27881/2019 (XV) SLP(C) No. 2942/2020 (XV) SLP(C) No. 5902/2020 (XV) Diary No(s). 6803/2020 (XV)
IA No. 111851/2020 – Condonation of Delay in Filing IA No. 111854/2020 – Permission to File Additional Documents/Facts/Annexures) SLP(C) No. 5470/2020 (XV) SLP(C) No. 5589/2020 (XV) SLP(C) No. 431/2021 (XV) (For Admission and I.R. and IA No. 2305/2021-Exemption From Filing C/C of the Impugned Judgment and IA No. 2307/2021-Exemption From Filing O.T. and IA No. 2924/2021-Exemption From Filing O.T. and IA No. 2923/2021-Permission to File Additional Documents/Facts/Annexures) Diary No(s). 44/2021 (XV)
(For Admission and I.R. and IA No. 1704/2021-Exemption From Filing C/C of the Impugned Judgment and IA No. 1701/2021-Exemption From Filing O.T. and IA No. 1703/2021-Permission to File Petition (SLP/TP/WP/..))
SLP(C) No. 577-579/2021 (XV) (For Admission and I.R. and IA No. 3012/2021-Exemption From Filing SLP(C) No(s). 619/2021 (IA No. 3228/2021-Exemption From Filing C/C of the Impugned Judgment and IA No. 3229/2021-Exemption From Filing O.T. and IA No. 3231/2021-Exemption From Filing Affidavit and IA No. 3232/2021-Permission to File Lengthy List of Dates
Petition(s) for Special Leave to Appeal (C) No(s). 27907-27916/2019; DBCWP No. 6453/2018; DBCWP No. 5080/2017; DBCWP No. 5088/2017; DBCWP No. 6454/2018; DBCWP No. 6480/2018; DBCWP No. 6485/2018; DBCWP No. 6491/2018; DBCWP No. 6492/2018; DBCWP No. 7919/2018; DBCWP No. 6414/2018; SLP(C) No. 27987/2019 (XV); SLP(C) No. 27881/2019 (XV); SLP(C) No. 2942/2020 (XV); SLP(C) No. 5902/2020 (XV); Diary No(s). 6803/2020 (XV); IA No. 111851/2020; IA No. 111854/2020; SLP(C) No. 5470/2020 (XV); SLP(C) No. 5589/2020 (XV); SLP(C) No. 431/2021 (XV); IA No. 2305/2021; IA No. 2307/2021; IA No. 2924/2021; IA No. 2923/2021; Diary No(s). 44/2021 (XV); IA No. 1704/2021; IA No. 1701/2021; IA No. 1703/2021; SLP(C) No. 577-579/2021 (XV); IA No. 3012/2021; SLP(C) No(s). 619/2021; IA No. 3228/2021; IA No. 3229/2021; IA No. 3231/2021; and IA No. 3232/2021
The Order of the court was delivered by
Order
SLP(C) No(s). 619/2021
1. De-linked.
2. List the matter on 15th February, 2021.
SLP(C) Nos. 27907-27916/2019, SLP(C) No. 27987/2019 SLP(C) No. 27881/2019, SLP(C) No. 2942/2020, SLP(C) No. 5902/2020, Diary No. 6803/2020, SLP(C) No. 5470/2020, SLP(C) No. 5589/2020, SLP(C) No. 431/2021 Diary No(s). 44/2021 (XV), SLP(C) No. 577-579/2021 and SLP(C) No(s). 619/2021
3. Special Leave Petition (C) Diary No. 3533 of 2021 is taken up along with these matters, at the request of the petitioners therein.
4. The hearing of these cases has been commenced and is part heard. But, since the hearing is likely to take some more time, we deem it appropriate to pass interim directions which will address the concerns of all parties in some measure.
5. We propose to stay the impugned order on the following conditions:
(a) The management/school may collect fees for the academic year 2019-2020 as well as 2020-2021 from the students, equivalent to fees amount notified for the academic year 2019-2020, in six monthly installments commencing from 5th March, 2021 and ending on 5th August, 2021.
(b) The Management shall not debar any student from attending either online classes or physical classes on account of non-payment of fees, arrears/outstanding fees including the installments, referred to above, and shall not withhold the results of the examinations of any student on that account.
(c) Where the parents have difficulty in remitting the fee in terms of this interim order, it will be open to those parents to approach the school concerned by an individual representation and the management of the school will consider such representation on a case-to-case basis sympathetically.
(d) The above arrangement will not affect collection of fees for the academic year 2021-2022, which would be payable by the students as and when it becomes due and payable, and as notified by the management/school.
(e) In respect of the ensuing Board examinations for classes X and XII (to be conducted in 2021) the school management shall not withhold the name of any student/candidate on the ground of non-payment of the fee/arrears, if any, on obtaining undertaking of the concerned parent/student.
(f) The above arrangements would be subject to the outcome of these matters including the final directions to be given to the parties and without prejudice to the rights and contentions of the parties in these proceedings.
(g) We also direct the State of Rajasthan to ensure that all government outstanding dues towards unit cost payable to respective unaided schools are settled within one month from the today and, in any case, before 31st March, 2021.
6. Ordered accordingly.
7. Heard in part.
8. Hearing of the aforesaid cases, shall continue on 15th February, 2021.
———
