Minority, unaided schools can hike fee by 15%
HC allows hike as government yet to implement Maharashtra
Educational Institution's (Regulation of Fee) Act, 2011
The Bombay High Court, by way of
interim relief granted on Tuesday, allowed minority and unaided schools in the
state to hike their fees up to 15 per cent pending the final outcome of the
petition filed by the institutions challenging the Maharashtra Educational
Institution's (Regulation of Fee) Act, 2011.
A division bench of Justice Anoop
Mohta and Justice A Sayyed allowed the institutions to increase their fees as
the government is yet to come out with the rules to govern and implement the
Act. The institutions can hike the fees for the 2016-17 academic year.
Government pleader GW Mattos
informed the court that the rules under the Act have been notified and
suggestion and objections have been received. Upon the scrutiny of the same, it
will be placed before the state legislature for approval in the budget session
scheduled for March next year.
The Association of International
Schools in India and Unaided Schools Forum have challenged the Act. Citing
several Supreme Court judgment in their petition, they have claimed that the
Act is not applicable to them and stated that they are not covered under it. As
such, they are not bound to be regulated under the Act.
The Act says that every private
school and all government aided schools shall constitute the Parent-Teachers
Association (PTA). The PTA shall be formed by the head of the school within
thirty days at the beginning of each academic year. On formation of the PTA for
giving representation to every standard, a lottery shall be conducted by
drawing a lot of the willing parents of each standard to constitute the
executive committee and a notice of one week before such lottery shall be given
to the members of PTA.
On formation of the executive
committee, the management of a school shall submit the details of proposed fee
along with the relevant record to the executive committee for its approval at
least six months before the commencement of next academic year. The executive
committee shall approve the fee thirty days before.
The petition will
now come up for hearing on January 18, 2016.
Regards
Pralhad Jadhav
Senior Librarian
Khaitan & Co
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