Maharashtra govt cannot regulate fees of private unaided schools: Bombay High Court

Maharashtra government is t empowered to issue an order interfering with fees structure of private unaided schools or schools of or boards, Bombay High Court said while granting an interim stay on a government resolution prohibiting fee hike this year.

government resolution (GR), dated May 8, 2020, directed all educational institutions in state t to hike ir fees for academic year 2020-21 in view of COVID-19 pandemic.

A division bench of Justices Ujjal Bhuyan and Riyaz Chagla in its order passed on June 26, a copy of which was made available on Tuesday, said it was of prima facie view that GR was without jurisdiction.

court, however, ted that it was mindful of difficulties faced by parents in se testing times.

"refore, we feel that manment of private unaided schools may consider providing option to students/ parents to pay fee in such instalments as is considered reasonable and also to allow m option to pay fee online, court said.

court said Section 5 of Maharashtra Educational Institutions (Regulation of Fee) Act empowers government to regulate fees in government and aided schools.

Section 6 of Act makes it clear that manment of private unaided schools and permanently unaided schools shall be competent to propose fee in ir schools, court said, adding that prima facie it was of view that state government could t have issued impugned resolution.

"We have also carefully perused Epidemic Diseases Act and Epidemic Diseases (Amendment) Ordinance, but we do t find any such enabling provision empowering state government to issue a resolution like impugned one, court said.

bench furr said it does t find any power being vested on state government even under Disaster Manment Act to issue a resolution interfering with fees structure of private unaided schools.

court granted an interim stay on implementation of resolution and posted matter for furr hearing on August 11.

On May 8, state government issued resolution, saying educational institution in state shall hike fees for academic year 2020-21.

GR also directed all institutions t to collect any balance fees of year 2019-20 or fees for 2020-21 at one go, but give parents an option to deposit same monthly or quarterly.

resolution was issued by government under powers conferred on it vide Maharashtra Educational Institutions (Regulation of Fee) Act, 2011, and Disaster Manment Act, 2005.

GR stated that it would be applicable to students of all boards, all mediums and from pre-primary to Class 12.

Aggrieved by GR, several educational trusts representing private unaided and private unaided mirity schools affiliated to different boards, such as Indian Certificate of Secondary Education (ICSE), Central Board of Secondary Education (CBSE) and international boards, approached HC, seeking for it to be quashed and set aside.

petitioners include Association of Indian Schools, Global Education Foundation, Kasegaon Education Trust and Dnyanseshwar Mauli Sanstha.

petitioners argued that under Section 6 of Maharashtra Educational Institutions (Regulation of Fee) Act, manment of private unaided schools are competent to determine fees.

Kasegaon Education Trust, which runs a school in Navi Mumbai, argued through ir lawyers Milind Sa, Saket Mone and Prateek Seksaria that resolution was violative of ir fundamental rights and curbed rights to administer ir educational institutions, which includes right to regulate and fix fees.

petitioner is furr aggrieved by impugned tice in as much that same threatens action under Epidemic Diseases Act. decision of government is an illegal exercise of statutory power, petition filed by Kasegaon Education Trust said.

(Photo Credit: PTI)