The Bombay High Court has rendered Maharashtra govt powerless to interfere with or issue any order on the fee structure functional in private or unaided schools and schools belonging to other boards. However, the HC has granted an interim say on the government order to prohibit fee hike in schools.
On May 8, 2020, educational institutions were directed by the Government Resolution (GR) to not impose a fee hike on the pre-existing academic fees for the year 20020-21 keeping into consideration COVID-19 and the disruption it has caused on country economy.
A division bench consisting Justice Ujjal Bhuyan and Riyaz Chagla made a copy of its order which was passed on June 26, 2020. The Court, however, has taken into account the financial hardship faced by parents during such unprecedented times.
“Therefore, we feel that the management of the private unaided schools may consider providing the option to the students/parents to pay the fee in such instalments as considered reasonable and also to allow them the option to pay the fee online,” the court said/
According to Section 5 of the Maharashtra Educational Institutions (Regulations of Fee) Act, the government is only empowered to regulate fees in government and aided schools.
Under Section 6 of the Act, and private unaided schools and permanently unaided schools shall be competent to propose fee hike in their schools irrespective of Maharashtra govt orders as said by the Bombay High Court.
