The Bombay high court on Wednesday awarded the state government eight more weeks — over and above the three months it had already got and consumed — to give its take on the Bansal Committee Report on school fee hike.
A division bench of chief justice Anil Dave and justice SC Dharmadhikari granted government time till May 8, 2010, by which time the next academic season will be on course.
Schools have already set a deadline for payment of fee, and the parents are in a quandary whether to fall in line or protest the hiked fee till the government meets its commitment to the court. Several schools are clear that there is no stay on hiking fee, and have orally told parents that failure of meeting the fee payment deadline — by mid-April in most cases — could lead to expulsion of their children from the school.
The government’s decision on the Bansal committee recommendations will help the court decide on a matter that has been pending before the latter since April 9, 2009.
In the meanwhile, the government tried being proactive and issued a resolution dated March 4, 2010, directing schools not to increase it fees for the current academic year. The schools, most of which are not dependent on the government for funds, paid no heed to the order and went ahead with the revised fee structures.
“As the government has sought further time, the earlier order of high court will continue, which means that there is no stay on private schools to hike fees for this academic year,” said Prateek Sakseria, counsel for Private Schools Association.
Parents’ organisation is interpreting it differently. “As far as the earlier orders are concerned, schools should read the high court order dated December 10, 2009. In section 9 (g) it clearly says that after eight weeks (that is, February 10, 2010) no interim order will be in operation,” said Jayant Jain, president of All India Federation of Parents Teacher Organisation (AIFPTA).
He added, “The earlier interim order dated July 8, 2009, (allowing schools to hike fees) is no more operational hence null and void. Moreover there is no stay on the GR dated March 4, 2010. Therefore, schools cannot hike fees without permission from the deputy director and general body of PTA.”
A government official on condition of anonymity said, “No schools can raise their fees without the consent of parents and the approval of the director of school education. If they do so, action will be taken against them.”
When contacted, school education secretary Sanjay Kumar told DNA, “I was not in the court. So I don’t know the update. I cannot find out now. Please come to my office tomorrow to know the developments.”
But the parents, fearing expulsion, of their children are not expected to indulge in any bravado of delaying the fee payment. According to the parents’ organisations in various schools, 90% of private schools had hiked their fee from 20% to 70% in the middle of the academic year in 2009.
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