It further said that the school admission form does not have any clause that in case of an adverse situation, the school would charge tuition fees for providing online classes. “The schools are duty-bound to follow and abide by the terms and conditions which are a part of school prospectus and if there is no force majeure clause in the school prospectus, demanding of tuition fee, without providing the actual education, is a violation of law in terms of a contract and also against the principle of natural justice,” the petitioner said.

“Some homework and class tests are required to be undertaken under the guidance of trained teachers so as to achieve, through the online way of teaching. It would be important to mention that private schools are either being run by the societies or trusts and are not doing any social service to society. Even otherwise, the school is a service provider and thus is covered under the Consumer Act also,” the plea said.

In April this year, the high court dismissed a petition seeking complete exemption from payment of any fees, including tuition fee, to schools during the period of lockdown (Naresh Kumar vs DoE).

Rejecting the plea, a division bench of the high court presided by Chief Justice Patel and Justice Jalan had then stated, “We cannot agree that during the period of lockdown, or during the period when online education is being provided by the schools, and availed of by students, tuition fees should be exempted.”