HCs reprieve to private schools over fees issue In a major reprieve to private unaided schools over fees issue Nagpur bench of Bombay High Court on Friday restrained the Education Department from taking any coercive action against unaided schools in relation to recovery of fees. The Unaided Schools Welfare Association moved the High Court against the orders of the Education Department asking them not to recover fees from parents during pandemic situation pointing out that such orders based on GR dated May 8 2020 were completely illegal and unconstitutional. In a circular issued on March 30 the School Education Department had said that private schools cannot compel parents to pay fees during lockdown. Aggrieved by the decision educational institutions across Maharashtra had approached the High Court. On June 26 in a relief to private schools the Principal bench had stayed GR dated May 8 barring schools from hiking fees for the academic year 2020-21 in the wake of COVID-19 pandemic. Following pressure from parents the State had approached the Supreme Court but the Apex Court remanded the matter back to the High Court for disposal. Spate of agitations to reduce fees refusal of parents to pay the fees and high-handed approach by top functionaries against private unaided schools put them in a tight spot since in absence of main source of revenue it became impossible to pay salaries and run the institution during this pandemic period. Senior advocate Sunil Manohar appearing for the petitioner-association dubbed the GR as arbitrary issued in the absence of any statutory power and violative of Article 19 (1) (g) of the Constitution. He pointed out that the Principal Bench had already taken a prima-facie view that GR dated May 8 was without jurisdiction and there was no power vested in the Government to interfere with the affairs of the private unaided schools which are run on permanently unaided basis. The schools are not insisting upon the payment of any fees by the students admitted under the provisions of the Right to Education Act the petitioner-association claimed while seeking immediate stay to coercive action proposed by the department. A division bench consisting of Justice Sunil Shukre and Justice Avinash Gharote while issuing notice to Union HRD Ministry State Education Department Director of Education and Deputy Director of Education directed that until further orders no coercive steps be taken against the petitioners in relation to recovery of fees. The matter has been fixed for final disposal after three weeks. Senior Counsel Sunil Manohar and Adv V S Kukde appeared for the petitioner-association. ASGI Ulhas Aurangabadkar (Union) Additional GP Dipak Thakre (State) represented the respondents.

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