Nagpur: Justice Atul Chandurkar and Justice Vrushali Joshi at the Nagpur Bench of Bombay High Court, while disposing of the PIL filed by Yogesh Pathre, Jagruk Palak Samiti, and others, have observed that due to the amenities provided by one school being distinct from the other, besides difference in quality of teaching in one school from the other, it is possible that the fee structure in one school may be at variance from the other.
The petitioners had approached the High Court seeking uniformity in fees in all schools — Kindergarten to junior college. While pointing out that there cannot be any uniformity in the fee structure of aided and unaided schools in the State, the HC has commented that the fees are likely to differ for every school for various reasons. Though no direction for having uniformity in the fee- structure at par with Government Schools can be granted, in case of any grievance in the application of fee structure, the provisions of the Maharashtra Educational Institutions (Regulation of Fee) Act, 2011 being comprehensive in nature, would be liable to be taken recourse to in case, there is a dispute about imposition of fees.
The modality for resolution of such issues has been provided there. The grievance is, therefore, required to be raised and adjudicated in the manner prescribed therein. The petitioners have joined the Deputy Director of Education, School of Scholars and others as respondents to the petition. The HC has also stated that the Act also provides for the constitution of a Division Fee Regulatory Committee (DFRC), which is empowered to consider grievances pertaining to imposition of fees, including extra charges.
The Act also contemplates formation of Parents-Teachers Association (PTA) and prohibits collection of excess fee. Later an executive committee was constituted for considering the issue of fixation of the fee structure. An appeal can be filed against the decision of this Committee on increase of fee by the school management before the DFRC.
The HC has made it clear that the Act is a Code in itself and contains penal provisions for breach. The Court has stated that the factors to be considered while deciding the fee structure including the provision of instalment has been also provided.
Advocate K B Ambilwade appeared for the petitioners.
