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High court had quashed fee decision

The Bombay High Court recently quashed the government resolution issued on July 15, providing for a mechanism to regulate fee charged by private unaided schools.

mumbai Updated: Dec 10, 2010 02:20 IST
HT Correspondent

The Bombay High Court recently quashed the government resolution issued on July 15, providing for a mechanism to regulate fee charged by private unaided schools.

Acting on the petitions filed by the Unaided Schools Forum and the Association of International Schools and Principals Foundation, the high court had set aside the GR primarily on two grounds.

The GR was contrary to the law laid down by the apex court in TMA Pai Foundation case, in which, the right to establish an education institution was declared to be a fundamental right guaranteed by Article 19(1)(g) of the Constitution of India. The apex court has also held that the decision on the fees to be charged must necessarily be left to the private educational institution that does not seek or is not dependent upon any funds from the government.

“Thus according to Supreme Court, the final decision on the fee amount charged by the institutions has to be left to the educational institution,” the high court had observed in the judgment on September 1.

The other reason as stated by the bench was that the government cannot put restrictions on citizens’ fundamental rights by issuing administrative orders like a GR. The high court said the Supreme Court has clearly held that reasonable restrictions on fundamental rights guaranteed under the Constitution of India could be replaced only by law enacted by the legislature and not by a circular or a government resolution.