Tuesday, August 3, 2021
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NASU representation to Department of School Education

To,
The Principal Director
Department of School Education,
Nagaland: Kohima

Subject : REPRESENTATION
Respected Sir,
At the outset, the undersigned on behalf of the Northern Angami Students Union (NASU) humbly extends our warm greetings.
The NASU is a mandated organisation consisting of 20 constituent units namely:-

  1. Botsa Students Union
  2. Chiechama Village Students Union
  3. Chiedema Village Students Union
  4. Chiiziema Village Students Union
  5. Dihoma Village Students Union
  6. Gariphema Village Students Union
  7. Kijiimetouma Village Students Union
  8. Kohima Village Students Union
  9. Meriema Village Students Union
  10. Nachama Village Students Union
  11. Nerhema Village Students Union
  12. Phekerkriema Village Students Union
    13 Riisoma Village Students Union
  13. Seiyhama Village Students Union
  14. Teichiima Village Students Union
  15. Tsiemekhuma Village Students Union
  16. Tsiesema Village Students Union
  17. Tuophema Village Students Union
  18. Viphoma Village Students Union
  19. Zhadima Village Students Union
    The Northern Angami Students Union (NASU) was solemnly constituted as a union in the year 1960 for the purpose of uplifting the students community and to also ameliorate education, social and moral values with sincerity and dedication. The Union after thorough deliberation presents to you this representation for your
    consideration and necessary action.
    The Lockdown in the wake of Covid-19 Pandemic has caused several hardships to the entire populace, the students community in particular many of whom are going through extraordinary difficult circumstances. As the Covid 19 Pandemic forced closure of schools with a shift to online classes, the students community many who are not as privileged are now faced with an uncertain and unprecedented future.
    The Union while acknowledging the efforts of the Government would also like to highlight the impact of the coronavirus, the quarantine measures, in addition to and the subsequent lockdown with the current government restriction which has severely disrupted the income and finance of the common men, many who now have no means to even procure and provide basic essential commodities for their families, most of whom have wards enrolled in unaided private recognised institutions.
    We are all aware of the fact that many states in India have waved off fees for private unaided recognised institutions since a year past in consideration to the pandemic induced situation. Our neighboring State Assam for instance in its order No ASE 496/2015/Pt-iv/18 Dated Dispur 13th August,2020 have directed all non governmental institutions to waive off 25% of the monthly fees for students admitted to their institutions.
    We also know that the Supreme Court in the case of Indian School, Jodhpur & Anr. vs State of Rajasthan & Ors(supra) (CIVIL APPEAL NO. 1724 OF 2021(ARISING OUT OF SLP(C) NO. 27881 OF 2019) have passed an order directing the school management to deduct 15% off the fees in lieu of the unutilized facilities by the students. Relevant paras of the said judgment read as follows:-
    “128.Ordinarily, we would have thought it appropriate to relegate the parties before the Regulatory Authority to refix the school-fees for the academic year 2020-21 after taking into account all aspects of the matter including the advantage gained by the school Management due to unspent overheads/expenses in respect of facilities notavailed by the students. However, that course can be obviated by the arrangement that we propose to direct in terms of this judgment. To avoid multiplicity of proceedings (as school fee structure is linked to school-school wise) including uncertainty of legal processes by over 36,000 schools in determination of annual fee structure for the academic year 2020-21, as a one-time measure to do complete justice between the parties, we propose to issue the following directions:
    (i) The appellants (school Management of the concerned private unaided school) shall collect annual school fees from their students as fixed under the Act of 2016 for the academic year 2019-20, but by providing deduction of 15 per cent on that amount in lieu of unutilised facilities by the students during the relevant period of academic year 2020-21.
    (ii) The amount so payable by the concerned students be paid in six equal monthly installments before 05.08.2021 as noted in our order dated 08.02.2021.
    (iii) Regardless of the above, it will be open to the appellants (concerned schools) to give further concession to their students or to evolve a different pattern for giving concession over and above those noted in clauses (i) and (ii) above (iv)The school Management shall not debar any student from attending either online classes or physical classes on account of non-payment of fees, arrears/ outstanding fees including the installments, referred to above, and shall not withhold the results of the examinations of any student on that account.
    (v) If any individual request is made by the parent/ward finding it difficult to remit annual fees for the academic year 2020-21 in the above terms, the school Management to consider such representation on case-to-case basis sympathetically. (vi)The above arrangement will not affect collection of fees for the academic year
    2021-22, as is payable by students of the concerned school as and when it becomes due and payable.
    (vii) The school Management shall not withhold the name of any student/candidate for the ensuring Board examinations for Classes X and XII on the ground of nonpayment of fee/arrears for the academic year 2020-21, if any, on obtaining undertaking of the concerned parents/students.”
    The Delhi High Court in the case of Action Committee Unaided Private
    Schools Vs Directorate of Education (W.P. (C) 7526/2020) have also upheld the same judgment passed by the Supreme Court on 03.05.2021 in the case of Indian School, Jodhpur & Anr. Vs State of Rajasthan & Ors (supra).
    The Union while addressing the untold privation and destitution faced by the people would also like to request the government to be sensitive to the predicament faced by the parents in these harsh times.
    The Union therefore in consideration to the pandemic induced situation, put forward the following charter of representation for your consideration and implementation of the same.
    Charter of Representation:-
    The NASU has here under formulated the following charter of representationwhich is hereby submitted to the state government for favour of your action and the implementation of the same.
  20. Waiving off school fees for unaided recognised private institutions:
    The Union while acknowledging the selfless service rendered by the staffs and management of every institution be it aided or unaided establishments, strongly urge the government to pass an order directing all unaided recognized private institutions to waive off certain percent of tuition fees for the un utilized facilities until formal or physical classes commences.
  21. Institutions/School Management to not debar students from attending exams, online classes on account of non-payment of fees/arrears/outstanding fees.
  22. Institutions/School Management to not withhold the results of the examination of any students an account of non-payment of fees/arrears/outstanding fees.
  23. Institutions/School Management to consider request made by the parent ward finding it difficult to remit annual fees due to financial/economic hardships caused by the lockdown.
    We trust that your authority would seriously implement our propositions.
    With Regards,
    President
    Northern Angami Students Union
    General Secretary
    Northern Angami Students Union

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