Mumbai: School fee GR calls for refund to students

Mumbai: The state’s latest GR on fee reduction calls for a refund to students who have paid complete fees. It also asks schools not to debar students from online classes for non-payment of fees. But most players in the

education sector

say the GR is a mere advisory in the absence of amendments to the governing law and has no legal mandate.

Unaided Schools Forum secretary S C Kedia said the government has “obviously not read” the SC’s judgement in the Rajasthan case, which was meant to provide a framework for its decision. “It is clear that the state cannot use such a GR for reduction of fees under the Fee Regulation Act,” he said.

The government had come out with a similar

GR in May 2020

which was initially stayed by Bombay high court. It was vacated in March 2021, but the court reiterated that parents had to pay the fees. A group of 15 parents, however, filed a special leave petition in the Supreme Court challenging the HC order. The apex court cited the Rajasthan schools’ judgement and asked the state to reduce fees by 15%.

Kedia, however, said the SC judgement will not be applicable for fees of 2021-22. “We will challenge the GR in high court soon. Such a GR will again create chaos and unrest between parents and management,” he added.

The GR was also criticised by the BJP which called it a move initiated by “a government of education barons”.

Parents' bodies too said the GR was toothless. Under the rules, any dispute has to be referred to a Divisional Fee Regulatory Committee. “A group of 25% parents are needed to approach the committee. We have been asking for individual parents to be allowed to submit their grievances before the committee,” said Prasad Tulaskar, one of the parents who had approached the SC.

He said that only an ordinance can give the state the power to regulate unaided schools fees, “but that will not happen as many of the big schools are owned by politicians.” This is also why the state has delayed financial audits of private schools, alleged parents.