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"(i). The schools shall not charge any fee for the period of lockdown/curfew, excluding the period of summer break.

However, those schools who have provided or are providing online education during the period of lockdown, may charge 'tuition fee' only, i.e. fee other than building charges, transportation charges, charges for meals, etc.;

(ii) Given the exceptional circumstances occasioned by the lockdown, private schools are advised not the impose any increase in school fees in 2020-21 over those charged in 2019-20.; and

"(i) The schools shall not charge any fee for the period of lockdown/curfew, excluding the period of summer break. However, those schools who have provided or are providing online education during the period of lockdown, may charge tuition fee only, i.e. Fee other than building charges, transportation charges, charges for meals etc.
(ii) Given the exceptional circumstances occasioned by the lockdown, private schools are advised not to impose any increase in school fees in 2020-21 over those charged in 2019-20.
(a) the directions amount to complete waiver of fees by the Private Unaided Educational Institutions that are not conducting online classes during lockdown period;
(b) The schools giving online classes could charge only the tuition fee for the lockdown period;
(c) The schools were restrained from recovering building charges, transport charges, charges for meals meaning thereby, the parents could not be burdened with the costs of any such facility or activity which was not availed by them during the lockdown;

Annual Charges The annual charges are stated to cover building charges, transportation charges, charges for meals etc. A perusal of the direction 3.0(i) of the impugned order dated 14.05.2020 and affidavit are contradictory. While the impugned order says, "may charge tuition fee only, i.e. fee other than building charges, transport charges and meal etc.", the affidavit quotes it as "fee other than building charges, transport charges, meal charges etc., is not to be charged for the duration of the lockdown excluding the period of summer break." The learned Advocate General, while clarifying the anomaly stated that it 37 of 51 CWP No.7409-2020 and other connected cases -38- means the charges under the head of building charges, transport charges and meal charges etc. are to be waived off only for the period of lockdown and that it be charged on pro rata basis. While justifying the said direction, it is stated that some schools outsource their transportation services and hence, are not directly incurring any expenditure on this account and, therefore, they are not entitled to claim such charges from the parents for the duration of the lockdown. Secondly, the difference in the total loss is not much. It is only a short period of the lockdown. Third, the schools do not show break up and include the expenses incurred in the tuition fee. Fourth, some schools have changed the fee structure after the impugned order.