Court directs state not to take action against Association of Indian Schools

While asking schools to implement a 15 per cent reduction in fees, the GR reads: “School managements shall not prohibit such students who have not remitted school fees from taking actual or online education or appearing for the examinations”

The Bombay High Court restrained the Maharashtra government from taking action against the members of Association of Indian Schools, which failed to implement its August 12 Government Resolution (GR) to reduce fees by 15 per cent for the current academic year 2021-2022. A division bench of justices RD Dhanuka and Riyaz Chagla asked the government to file its reply to a petition filed by the association, which challenged the GR.

The members of the association include private unaided schools, private unaided minority schools and public charitable trust schools affiliated to Indian boards (such as the Indian Certificate of Secondary Education Board, Central Board of Secondary Education) and international boards (Cambridge Assessment International Education and International Baccalaureate).

Senior advocate Pravin Samdhani, counsel for the association, argued that the provisions related to the fees to be collected by education institutions are already mentioned in the Maharashtra Educational Institutions (Regulation of Fee) Act, 2011. Hence, the government can’t issue a resolution contrary to the Act by purportedly exercising powers under Article 162 of the Constitution of India, which lays down the extent of executive power of the state.

He argued that the state didn’t issue the ordinance, nor are the provisions of the Fee Act, 2011, amended. Therefore, the GR is not valid as per the law. The GR was issued by the school education department, which cited the Supreme Court’s order of May this year. The Rajasthan government was asked to charge 15 per cent lesser annual fees in lieu of unutilised facilities by students. Similar directions were issued by the SC to Maharashtra.

Additional government pleader NC Walimbe sought time to file a reply on the state government’s behalf. The court asked the government to file its reply in two weeks. The association has been asked to file its rejoinder (affidavit in reply to government’s affidavit) within one week thereafter.

The HC has kept the petition for hearing on September 20.