HC stays GR on schools fees

The Bombay high court (HC) on Friday stayed a government resolution issued by the state school education department on May 8, 2020 that restrained schools across

The Bombay high court (HC) on Friday stayed a government resolution issued by the state school education department on May 8, 2020 that restrained schools across the state from hiking fees for the academic year 2020-21 in view of the Covid-19 pandemic.

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A bench of justice Ujjal Bhuyan and justice Riyaz Chagla stayed the GR that also instructed schools to reduce school fees for 2020-21 if the school expenditure is reduced because of not using any facilities. The GR also instructed educational institutions to allow parents to pay balance fees, if any, for 2019-20 and due fees for 2020-21 in quarterly or monthly instalments, and not to charge fees on annual basis.

Association of Indian Schools and three educational institutions have challenged the validity of the GR on various grounds.

Advocate Saket Mone, The counsel for one of the petitioners, Kasegaon Education Society which runs a school affiliated to the Council for Indian School Certificate Examination (CISCE) at Kharegaon in Navi Mumbai and several other unaided schools across the country, confirmed that the HC on Friday stayed the GR.

The institute contended that the GR was ultra vires not only to the Maharashtra Educational Institutions (Regulation of Fees) Act, 2011, but also the Disaster Management Act, 2005 and was issued without any authority in law, as neither of the legislations empowered the state authorities to issue such directions.

It added that the GR was in breach of its right to administer the school, and as held by the Supreme Court that right indubitably includes right to regulate and fix fees in accordance with the law, and thus takes away the constitutional right of the petitioner institution guaranteed by Article 19(1)(g).

The educational institution has also questioned an order issued by the local education officer who prohibited the petitioner body from asking parents to pay any balance fees for the year 2019-20.