According to Article 21A of the Indian Constitution, education is regarded as a fundamental right in addition to being a matter of basic necessity. Subsequently, with the enactment of the Right of Children to Free and Compulsory Education Act 2009 (RTE Act), schooling became a legal obligation for a child between the ages of 6 and 14 years.
In contrast, when it is a matter of private school fees, these matters often lead to conflicts. The most common and pertinent question that arises is: Whether or not any school can legally expel a child on the behalf of whom the parents/guardian is unable to pay fees?
The article will therefore discuss the legal position, major judgments rendered by courts, and the rights of both schools and parents in these situations.
What the Law Actually Says About School Fees in India?
Right to Education (RTE) Act: What Is Included and What Is Not
The RTE Act of 2009 states that education is free and required for all children between the ages of 6 & 14. For government and aided schools, most of the requirements are applicable. Private schools have to reserve 25% seats for students of EWS, whose fee is paid by the Government.
For the rest, private schools can charge fees, but they must follow state regulations.
State Laws That Control Fee Hikes (With Real Examples)
Each state has its own fee control law. During my dispute, I discovered:
- Maharashtra: Maharashtra Educational Institutions (Regulation of Fee) Act, 2011
- Tamil Nadu: Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009
- Delhi: Delhi School Education Act, 1973
These laws are designed to protect both parents from exploitation and schools from financial instability.
Can a School Really Expel Your Child Just Because You Missed a Payment?
Not Without Legal Steps and Definitely Not Mid-Session
The law is clear: No child can be thrown out arbitrarily, especially mid-term. If you are late in payments, the school must:
- Send a written notice
- Offer a grace period
- Give you a chance to explain
- Possibly refer the issue to authorities
That didn’t happen in my case. I received a sudden suspension notice, which the law doesn’t allow. That’s when I contacted a legal advisor, and the school had to roll back the action.
Expelling vs. Withholding Results: Not the Same Thing
Report cards and class promotions are something that some institutions attempt to avoid. But courts have held again and again: don’t punish the child for the parent’s hardship.
Top Court Rulings That Back Parents (And Schools Too)
Modern School v. Union of India (2004) 5 SCC 583:
The Supreme Court ruled that while private schools have autonomy, they cannot operate as profit-making businesses. Schools may collect reasonable fees but must not punish students for defaults beyond their control.
Society for Unaided Private Schools v. Union of India (2012) 6 SCC 1:
The Court stressed comprehensive education while upholding the RTE Act. It stated that education cannot be treated as a commodity, and economic hardship must not become a reason to deprive a child of schooling.
T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481:
This judgment acknowledged the autonomy of private institutions under Article 19(1)(g), allowing them to set fees, but only under regulatory oversight. Fee structures must be fair and not infringe on the right to education.
St. John’s School v. State of Tamil Nadu (Madras High Court, 2020):
During the COVID-19 pandemic, students were barred from attending online classes for unpaid fees. The Court ruled that education cannot be denied, especially during emergencies, and urged schools to act empathetically.
I showed this judgment to my school principal, and the notice was withdrawn.
Rajkiya Madhyamik Vidyalaya v. State of U.P. (Allahabad HC, 2017):
The Court held that no child should be denied education solely due to unpaid fees. The child’s best interests must take precedence over financial disputes.
What Is Fee Regulatory Committees and How Can They Help You?
Most states have regulatory committees that control school fees. If you believe you’re being unfairly charged or your child is being threatened with expulsion, you can:
- File a complaint
- Request a fee review
- Ask for mediation with the school
In my case, the district committee issued a warning letter to the school after I approached them.
The Right Way for Schools to Act: Due Process in Expulsion
If a school still wants to take action, they are legally bound to:
- Send you a written notice
- Offer a chance to be heard
- Provide a grace period to settle dues
- Notify or get approval from education authorities (depending on the state)
Skipping these steps makes the expulsion illegal, and you can challenge it.
What Happened During COVID-19: Lessons from the Crisis
Many parents, including me, struggled to pay fees during the pandemic. Courts across India ruled that:
- Students cannot be expelled mid-session
- Fees must be collected in instalments or reduced
- In times of crisis, empathy is required by law and cannot be waived
In Indian School, Jodhpur v. State of Rajasthan (2021), the Supreme Court ruled that schools can collect reduced fees in installments and ordered that no student should be expelled mid-session due to unpaid dues.
What You Can Do If You’re Facing Fee Trouble?
- Education First: Your child has a right to learn, no matter the fee issue.
- Expulsion Is Rarely Legal: Schools must follow proper procedure.
- Courts Back Parents: Especially in hardship cases.
- Schools Have Operational Needs Too: Balance is key.
- You Have Legal Options: Fee committees and High Courts can protect your child’s rights.
Conclusion: Don’t Panic, Take Legal Steps
When I faced a threat of suspension over late fees, I felt helpless. But knowing the law, and acting on it, turned things around. Schools have a right to sustain themselves, yes, but not at the cost of a child’s education.
If you’re in this situation, talk to the school first. If that doesn’t work, reach out to the fee regulatory body or consult a legal expert.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. Can a school deny admission in the next academic year due to past unpaid fees?
Schools may refuse re-admission if dues from the previous session remain unpaid, but they must inform parents in writing and cannot expel mid-session without following legal steps.
2. Is there some sort of fee waiver scheme for students going to private schools in India?
As per RTE, 25% seats in private unaided schools have been set aside for children from Economically Weaker Sections (EWS), and hence, the fees for these seats are reimbursed by the government.
3. Can schools retain transfer certificates (TCs) due to delayed fee payments?
Legally, schools should not withhold TCs as it violates the student’s right to education. Several court rulings have directed schools to issue TCs even if fees are pending.
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