The apex court had issued directions to Maharashtra for fee reduction in lieu of unutilized facilities by students
Bombay High Court | File Pic
The Bombay High Court has directed the Maharashtra government to not take any coercive action till September 20 against members of the Association of Indian Schools over the implementation of a GR (Government Resolution) of August 12 asking schools to reduce fees by 15 per cent for the current academic year.
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A division bench of Justices R D Dhanuka and R I Chagla, on August 25, also asked the state government to file its affidavit in response to the petition filed by the association challenging the GR.
The members of the association are private unaided and private unaided minority schools and public charitable trusts, which run such schools affiliated to Indian boards like Indian Certificate of Secondary Education Board, Central Board of Secondary Education, and international boards.
The petitioner's counsel, Pravin Samdhani, had argued that provisions relating to fees to be collected by the education institutions in the state were already part of the Maharashtra Educations Institutions (Regulation of Fee) Act, 2011.
Also Read: Maharashtra: Government Resolution mandates 15 per cent fee cut
Hence, the government could not have issued such a GR as it is contrary to the Act by purportedly exercising powers under Article 162 of the Constitution, which lays down the extent of executive power of the state.
The GR was issued by the state school education department citing the Supreme Court's order of May this year in which the Rajasthan government was asked to charge 15 per cent lesser annual fees in lieu of unutilized facilities by students. Similar directions were issued by the apex court to Maharashtra for fee reduction.
The HC asked the government to file its reply in two weeks and posted the matter for further hearing on September 20.
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