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.
