• Parents not paying fees in school

Dear sir, I am running a school in a small town in Madhya Pradesh. Unfortunately i am facing a grave problem with parents for not depositing school fees. Our first installment was due before 15th of July. We had given two reminders up till now but very few of the defaulters has deposited their fees. 

Main problem is "our education manual (Shiksha Sahita)" on page 500 article 54 says for any one continuously not giving fees in the school can have his name struct out of the school. But on the other hand Right to Education dictate that no child can be expelled from the school and denied right to education any cost.

It seems we school are stuck with these parents. 

Kindly suggest any concrete remedy against this problem. 

Hoping for your sympathetic consideration 

Thank you.
Asked 6 years ago in Business Law

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12 Answers

1) issue legal notice to parents to pay the school fees 

 

2)if they refuse to pay offer to issue transfer certificate so that they can join another school 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Free education mean government to provide free elementary education and ensure compulsory admission and sharing of financial and other responsibilities between the Central and State Governments.

Write the letter to collector also that you are force to expel children for non payment of fees and without financial assistance by govt. as reported in RTE act, compliance of the act has become impossible.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

See you can serve such parents legal notice and can file a suit of recovery of amount as they have undertaken to pay the regular fee there is no other way left. 

Also for safety from next term you can take PDC at time of admission only from all the parents.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The provision of right to education act applies to govt. schools or govt funded/aided schools.

If your school is totally private funded, you can, after giving due notice in writing to clear the fees of the school, expel any students , for non-payment of fees.

Give a copy of the notice to the concerned school authorities with a request to make an alternative arrangements for the education of the particular child.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

The said rule is applicable to govt granted school in which when fees are not paid the govt will pay their share. You can expel them If they are not paying fees. If the parents are below the poverty line you can try to arrange their fees through some ngo etc

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- As per Bombay High Court , a School Management has the liberty to cancel the admission of students in case of non-payment of fees.The management cannot be expected to run the school without there being the requisite funds.

- This order passed in a Civil application by the Zeal Education Society’s Dnyanganga English Medium School versus parents who had refused to pay the increased fees as per the Right to Education Act prohibited any such action.

- Since, you are running a private school , then you are not bound by the direction of Right to education Act.

- Hence, you should issue a legal/demand notice to the parents for paying the arrears of fees within a period of 15 days of receiving the notice, other wise warn them for cancelling the admission. 

- After this demand notice , they will be bound to pay the same , otherwise you are fee to take any steps against the them as per law. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. In the given circumstances, keep providing the education and do not allow them to give exams and do not promote them in the next standard.  Let the candidate be in the same class.

2.  The above would compel the parents to pay up the fees.

3. However, IF the parents are really poor and cannot afford the fees, THEN you can condone of their fees, as a social cause.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Yes, you can't deny students rights to education at any cost, but other hand you can ask school fees from their child or you do not give result or admission or leaving certificate.

 

Maximum what can happen parents will not pay fees for this year. But you have three options from next year onwards.

NOT TO GIVE:

  • result or
  • admission from next year in upper class or
  • leaving certificate.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear

You can serve legal notice to defaulted parents for demanding the pending salary along with penalty charges and in case they fails to pay the money in 15 days.

You can initiate recovery suit against them. 

Or you can send a notice to them that your ward will not get roll number for exams until you submit no dues from the account section of school which means they will not be allowed to give exams till fees is submitted.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You are not expelling the kids, but striking out their names from the school register. The two are different happenings. Let legal notices to served to the defaulting parents 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

issue a legal notice to parents and file a recovery of money suit along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello, 

Send a legal notice to the parents for depositing the fee. 

Who has sanctioned your school? 

DIOS or some board?

 Since when are you running the same and till which class? 

 

I need to know the above mentioned facts in order to give a concrete advise. 

 

regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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