New Delhi, Oct 1 (PTI) The Supreme Court Friday said it would be open to the management of around 36,000 private unaided schools of Rajasthan to initiate appropriate action for recovery of fees from those, who have failed to pay the dues in terms of the arrangement stated in its verdict delivered in May.

The apex court had on May 3 directed these schools to charge 15 per cent less annual fees from students in academic session 2020-21 and made clear that no students be barred from attending virtual or physical classes and their results are not held up due to non-payment of fees.

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The top court had also made clear that the fees for the academic year would be payable in six equal instalments before August 5, 2021.

While hearing an application filed by an association of school management, the apex court said on Friday that the spirit of direction given in the May verdict was to give time to pay fees, including by way of instalments, and it does not extricate the ward or their parents from the liability to pay the dues.

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A bench of justices A M Khanwilkar and C T Ravikumar was told by senior advocate Vikas Singh, who appeared for the applicant, that the last date for paying the instalments has already expired and despite that, some people are still in arrears and have committed default.

“It will be open to the school management to initiate appropriate action for recovery of the outstanding dues/amount, if any, in accordance with the law,” the bench said.

It said if the concerned ward or parent seek some indulgence for just reasons, it would be open to the school management to consider such request compassionately.

The bench said the recovery process should strictly be in accordance with the law and the orders passed by the apex court.

It noted that the principal relief claimed in the application was that the apex court should clarify that directions given in the May 3 verdict do not prohibit the schools from taking coercive action against those who have failed to pay the instalments as per the arrangement stated in the judgement.

In its May 3 order, the top court had upheld the Rajasthan High Court's judgment in rejecting the challenge to the validity of the Rajasthan Schools (Regulation of Fee) Act, 2016 and the Rules framed under the law governing fixation of school fees by the government-mandated procedures.

“Undeniably, an unprecedented situation has had evolved on account of complete lockdown due to pandemic. It had a serious effect on the individuals, entrepreneurs, industries, and the nation as a whole including in the matter of economy and purchasing capacity of one and all,” the bench had said.

"A large number of people have lost their jobs and livelihood as the aftermath of such economic upheaval. The parents who were under severe stress and even unable to manage their day­ to­ day affairs and the basic need of their family made fervent representation to the school Management(s) across the State,” it had noted in the verdict.

It had said its judgement will not affect the collection of fees for the academic year 2021-22 by schools.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)