The parents had claimed that the decision taken at the Parents Teacher Association (PTA) meeting in 2015 was limited to one year, and that the school could not extend it to 2016-17.
The Bombay High Court on Monday allowed Indian Education Society (IES), which runs the Modern English School in Dadar, to increase student fees by Rs 300 per month for the upcoming academic year. However, the court has posted the matter for final hearing, and if the court passes an order against the school, then the school will have to repay the amount.
A division bench of Justice Shantanu Kemkar and Justice Prakash Naik said, "If the court passes an order against the school then you (school) will have to repay the amount." The direction was given while admitting a petition filed by IES challenging the order passed by Divisional Fee Regulations Committee (DFRC) in 2016, on the basis of complaints made by five parents, which had held that DFRC had jurisdiction to entertain individual parent
complaints.
The parents had claimed that the decision taken at the Parents Teacher Association (PTA) meeting in 2015 was limited to one year, and that the school could not extend it to 2016-17. They moved the DFRC seeking directions that the school reverse the fee hike order.
Advocate Arvind Kothari appearing for the school opposed the plea by claiming that the PTA meeting resolution was opposed belatedly in the current year. Further, the DFRC cannot entertain individual complaints and only the PTA can approach the committee which it has not done, he contended. Thus, the authority did not have jurisdiction to entertain the parents' plea, he contended. However, the DFRC issued notice to IES, and this was challenged before the HC.
Kothari said, "We argued on two points about the jurisdiction of the DFRC and the opposition of parents in not making payments to the school. The court accordingly stayed the DFRC notice and directed all parents to make payment of the revised fees for the year 2016-17."
According to the plea , Modern English school is a private unaided institute, it has around 2,000 students studying upto class 10. The school is facing an income deficit of Rs 22,09,500 because of the non-payment of fees by the parents. Payment of salaries to teachers and other staff members have also been delayed the plea claimed. The petition also prayed for directions to the parents to make payment of the arrears fees.
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