In what may come as a huge jolt to parents, the Bombay High Court on Friday granted an interim stay on a State government resolution that restricted educational institutions from hiking their fees for the academic year 2020-2021, in view of the ongoing COVID-19 pandemic.
In a government resolution (GR) issued on May 8, under the Maharashtra Education Institution (Regulation of Fees Act), and Disaster Management Act, the State had directed educational institutes to not increase the fees in the academic year 2020-2021. It also asked schools to not collect dues/balance fees for year 2019-2020 at one go, and instead give parents an option to deposit it on a monthly or quarterly basis. The GR also stated that if certain educational facilities are not being utilised, schools could reduce the fees after passing a resolution in the executive committee.
Several educational trusts, including Association of Indian Schools, Global Education Foundation, Kasegaon Education Trust and Sant Dnyaneshwar Sanstha, had approached the high court seeking quashing of the GR.
A Division Bench of Justices Ujjal Bhuyan and Riyaz Chagla, in an interim order, stayed the operation of the GR pending final hearing and disposal of the petitions.
Senior counsel Milind Sathe and advocate Saket Mone, representing Kasegaon Education Society — a public charitable trust which runs a school in Navi Mumbai — said the scheme under both the Acts do not confer any power and/or contemplate the State government to issue any directions in the nature contained in the GR.
The 80-page petition mentions, a GR issued on March 30, 2020 which categorically stated that parents have requested the State to allow them time to pay fees for academic year 2019-2020 and 2020-2021. Thus at no point the intent of either the parents or government was to not make payment of the fees but defer or seek more time during lockdown.
The Association of Indian Schools in their 64-page petition stated the GR is in violation of Articles 19 (1) (g) (To practise any profession, or to carry on any occupation, trade or business) and 30 (Right of minorities to establish and administer educational institutions) of the Indian Constitution, and sought a direction from the court restricting authorities from implementing the GR.
