IES, which runs Modern English School in Dadar, had challenged the order passed by the DFRC
In a significant order that could affect parents opposing arbitrary fee hikes by schools, the Bombay High Court on Tuesday ruled that individual parents cannot lodge complaints against fee hikes before the fee regulatory committee.
A division bench of Justice BR Gavai and Justice Riyaz Chagla, while allowing the petition filed by India Education Society trust and Euro Kids, quashed and set aside an order passed in 2016 by the Divisional Fee Regulations Committee (DFRC), which asked the management of the school to reconstitute the PTA and issued them a notice on complaints made by five parents alleging irregularities and asking them to reverse a fee hike.
The Bench said "Though we may hold that an argument of the parents is correct in the regard that efforts should be taken to curb commercialisation of education, we cannot go beyond the provision of the statute. Parents finding lacunae in the enactment, (Maharashtra Educational Institutions (Regulation of School) Fee Act), can approach the Legislature for correcting it. It (court) cannot encroach upon the powers of the legislature and sit in appeal to modify/correct it."
IES, which runs Modern English School in Dadar, had challenged the order passed by the committee. Advocate Arvind Kothari, appearing for the trust, argued that DFRC had no jurisdiction to entertain individual parent complaints, and that only the PTA can approach the committee, which has not been done. The court accepted this contention.
By way of interim relief granted earlier, the court had allowed IES to increase fees of its students by Rs 300 per month for this academic year. The same was confirmed on Tuesday by allowing the petition.
Modern English school is a private unaided institute. It has around 2,000 students studying up to Class10. It has adopted the self-financing mechanism. Thus, because of the non-payment of fees by parents, the school is facing an income deficit of Rs 22,09,500.
Payment of salaries to teacher and other staff is also being delayed, the plea claimed. The petition also prayed for directions to the parents to make payment of the fee arrears.
RELIEF GRANTED
- IES, which runs Modern English School in Dadar, had challenged the order passed by the DFRC
- By way of interim relief granted earlier, the court had allowed IES to increase fees of its students by Rs 300 per month for this academic year.
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