In the matter of Lotus Valley International School v. State of Uttar Pradesh & Ors, The Supreme Court ruled in Indian School Jodhpur v. State of Rajasthan, and the Allahabad High Court ordered that any fees paid in excess of that amount be used for future fees. It is made clear that students who are still enrolled in such courses may have their future tuition fees modified if any fees have been paid in excess of what the Supreme Court established in the aforementioned judgement. The amount may be calculated and given back to students who have dropped out or left the school. Private schools challenged the aforementioned instruction before the apex court, arguing that it was passed without giving it or any other private schools a chance to participate against the fundamental principle of natural justice.
According to the petitioner, the High Court’s instructions go above and beyond what the Supreme Court decided in the Indian School case. It was argued that because it was not given the chance to be heard and make its case, the order was passed in breach of the natural justice standards.
Analysis of Court Order
The COVID-19 pandemic forced schools in Uttar Pradesh to close, and the Supreme Court’s bench of Justice Sanjiv Khanna and Justice MM Sundresh stayed an Allahabad High Court order directing them to refund 15% of excess fees charged during the 2020–21 academic session towards fees to be paid in the future. The stay order was issued by the Supreme Court.