The state government is contemplating another legislation to regulate the fees charged by unaided private schools.
The draft of the legislation is ready, additional government pleader Rajesh Behere told the Bombay high court on Thursday. But he did not reveal if the government has proposed an entirely new legislation or an amendment in the provisions of existing laws.
This statement holds importance in view of the fact that earlier attempts made by the state government to regulate fees of unaided private schools couldn't withstand judicial scrutiny.
Recently, the high court itself had struck down a government resolution, issued on July 15, 2010, seeking to regulate the fee structures of unaided private schools.
Behere sought time for taking instructions if the government would issue an ordinance because there is still a lot of time for the next assembly session — on March 16. The division bench of chief justice Mohit Shah and justice SJ Wajifdar granted him four weeks.
Behere was replying to a petition filed by the Students' Welfare Association, Kharghar, a Navi Mumbai-based organisation working for the welfare of students.
The association had moved court seeking proper enforcement of some government resolutions (GR) and the provisions of the Maharashtra Capitation Fees (Prohibition) Act.
Counsel for the organisation, Anil Anturkar, clarified that the association was not pressing for the implementation of the GRs in view of the earlier high court order, under which the GR of July 15 was struck down.
Anturkar, however, pressed for proper implementation of provisions of the Capitation Fees Act.
“For 20 years, the legislation is merely gathering dust,” he said. “We are not asking the state to enact a new legislation, but do something under the existing provisions of law. Today, the government is doing nothing on this front.”
Anturkar pointed out the state could scrutinise the accounts of at least those schools, where the situation is grave.