The High Court of Kerala disposed of a review petition filed against a judgment directing the fixation of fees in CBSE affiliated schools. The Court noted that a Fee Regulatory Committee had been constituted and guidelines framed in compliance with the earlier judgment, thus declining further relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 11TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945
RP NO. 472 OF 2023
AGAINST THE JUDGMENT WP(C) 26744/2016 OF HIGH COURT OF KERALA DATED 17.3.2023
REVIEW PETITIONER/NOT A PARTY IN THE WRIT PETITION:
SAROSH P. ABRAHAM, AGED 62 YEARS, MANAGER, ST MARY'S RESIDENTIAL CENTRAL SCHOOL, POOJAPPURA, THIRUVANANTHAPURAM 695012, RESIDING AT 8L POWER LINK SHIV, VAZHUTHACAUD, THIRUVANANTHAPURAM 695014, PIN – 695014
BY ADVS.P.MOHANDAS (ERNAKULAM) ADV.K.SUDHINKUMAR ADV.SABU PULLAN ADV.GOKUL D. SUDHAKARAN ADV.K.P.SATHEESAN (SR.) ADV.R.BHASKARA KRISHNAN
RESPONDENTS/PETITIONER & RESPONDENTS:
BY ADV K.R.RENJU
ADV.K P HARISH SR.G.P.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Dated this the 11th day of April 2023
S.MANIKUMAR, C.J.
This review petition is filed by the Manager of St.Mary’s Residential Central School, Poojappura, Thiruvananthapuram, seeking to review the judgment dated 17.3.2023 in W.P.(C)No.26744/2016.
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GUIDELINES FOR SETTING UP OF FEE REGULATORY COMMITTEE AND FIXING THE FEE IN CBSE, ICSE AFFILIATED SCHOOLS AND UNAIDED SCHOOLS IN THE STATE FOLLOWING KERALA STATE SYLLABUS
Introduction
In compliance of the Hon'ble High Court judgment, it is necessary to issue a common framework for regulation of fees not only in CBSE schools but also in ICSE affiliated schools and unaided schools in the state following Kerala state syllabus.
2. Applicability
This guideline shall apply to all unaided schools functioning within the state and coming under Section 2(n)(iv) of RTE Act, 2009. The fees structure will apply for classes from the entry level to the last higher class of the school.
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3. Three - tier Fee Regulatory mechanism
A three - tier fee regulatory committee is to be constituted for the purpose of regulation of school fees in unaided schools. There shall be a school level fee regulatory committee formed in each school, a district level fee regulatory committee constituted at each revenue district and a state level fee regulatory committee at the state level.
Inorder to ensure parental representation in the school level fee regulatory committee every school shall constitute a parent teacher association (PTA) within one month of the beginning of the academic year.
4.1. School Level Fee Regulatory Committee:
4.1.(a) Composition
The school level fee regulatory committee shall consist of
(i) Manager / A representative of the school management – Chairperson. (ii) The Principal of the school – Secretary
(iii)Two teachers nominated by the staff council- Members
(iv)Three parent representatives nominated by the PTA -Members
The list of members of the school level fee regulatory committee shall be displayed on the school notice board within a period of 15 days from the formation of the school level committee and a copy shall be forwarded to the concerned Deputy Director of Education. The school level fee regulatory committee shall be formed within 45 days from the formation of PTA. The term of school level fee regulatory committee shall be for one year and shall continue till the formation of the school level fee regulatory committee in the next academic year. The committee shall meet at least once in three months.
4.1.(b) Factors for determination of fee : -
The following factors shall be considered while deciding the fee charged by a school.
(i) Expenditure incurred on salary of teaching and non-teaching staff.
(ii) Expenditure on administration.
(iii)Recurring expenditure on maintenance, water charges, electricity charges, broad band facility etc.
(iv) Expenditure on lab and library.
(v) Expenditure incurred on hostel accommodation, mess charges and transportation fee to be charged from the actual number of students availing the facility and has to be calculated separately.
The school shall under no circumstances collect fee without providing proper receipt specifying the head and purpose under which the fee is charged.
No school shall collect capitation fee, re-admission fee or other illegal charges from the parents of the students in the school.
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No school shall collect any fee in excess of the fees fixed and approved by the committee.
4.1.(c) Powers of School Level Fee Regulatory Committee:
(i) The management of private school shall be competent to propose the fee in respective schools.
(ii) The management shall submit the details of the proposed fee along with the audited statement of accounts for the preceeding year to the school level committee for its approval at least six months before the commencement of the next academic year.
(iii) The school level fee regulatory committee shall examine the proposal of fee from the management within a period of 30 days from the date of receipt of the proposal. The school level fee regulatory committee shall communicate the approved fee to the management within a period of 30 days.
(iv) The details of the approved fee shall be displayed on the notice board and the website of the school. A copy of the same is to be communicated to the Deputy Director of education concerned within 15 days from the date of approval of fee.
(v) If the school level fee regulatory committee fails to decide the fee within the period specified, the management or any member/members of the school level fee regulatory committee shall be at liberty to refer the matter to the district level fee regulatory committee within 30 days. 4.2. District Level Fee Regulatory Committee
4.2.(a) Composition
The District Level Fee Regulatory Committee shall consist of
(i) Deputy Director of Education (DDE) – Chairperson.
(ii) One District Educational Officer (DEO) from the revenue district nominated by the Director of General Education – Convenor.
(iii) Accounts Officer of the Office of the Deputy Director – Member
(iv) District Project Co-ordinator, Samagra Shiksha – Member
(iv) District Labour Officer – Member
(vi) One PTA president from an unaided school to be nominated by the DDE-Member
(vi) A representative member of the management from an unaided school / Kendriya Vidyalaya principal to be nominated by the Regional Director, CBSE-Member
The District level fee regulatory committee if not in force has to be constituted before 31" December of every year.
4.2.(b) Powers and functions of District Level Fee Regulatory Committee: (i) The district level fee regulatory committee shall be competent to settle the petitions with respect to fixation of fee of the unaided school. If the school level fee regulatory committee has failed to fix the fee within the stipulated time, and the matter is being referred by the management,
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member/members of the school level fee regulatory committee to the district level fee regulatory committee, the district level committee will be at liberty to fix the fee for that particular school.
(ii) The decision of the committee shall be taken after affording an opportunity to be heard, if needed and the decision shall be taken in majority within sixty days.
(iii) The committee shall pass appropriate orders for refund of excess fee, if needed.
(iv) The committee shall on determining the fee leviable shall communicate its decision to the parties concerned.
(v) The orders of district level committee can be challenged through an appeal to the state level fee regulatory committee within 15 days.
4.3. State Level Fee Regulatory Committee
4.3.(a) Composition
The state level fee regulatory committee shall consist of:
(i) Director of General Education – Chairman
(ii)Additional Director (General) - Convenor
(iii) Labour Commissioner – Member
(iv) Regional Director, CBSE- Member
(v) State Project Director, Samagra Shiksha – Member
(vi) Senior Finance Officer, O/o the DGE – Member
(vii) Principal of a Kendriya Vidyalaya to be nominated by the Director of General Education - Member
(viii) Representative of management from an unaided school nominated by Regional Director, CBSE – Member
4.3.(b) Powers and functions of State Level Fee Regulatory Committee
(a) The state level fee regulatory committee shall be competent to examine and review the orders of the district level fee regulatory committee.
(b) If it is observed that a school is wilfully neglecting the orders of the district level committee, state level committee shall issue directions to the school to implement the fee determined after affording an opportunity of being heard if needed.
(c) If the school management/school fails to obey the orders the state level committee shall report the matter to the government with appropriate recommendation.
Thiruvananthapuram Date : 05.04.2023 Director of General Education
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Placing on record the abovesaid submission, review petition is dismissed. Liberty as prayed for is granted.
sd/-
S.MANIKUMAR CHIEF JUSTICE
sd/-
MURALI PURUSHOTHAMAN JUDGE
jes
Colour shows how this judgement treated each authority
Writ Petition (Civil) No. 26744 of 2016Affirmed¶32
WP(C) 26744/2016
1 provisions across 1 enactments
SAROSH P. ABRAHAM
JAYAN V.T.
UNION OF INDIA
CENTRAL BOARD OF SECONDARY EDUCATION
STATE OF KERALA
SECRETARY TO THE GOVERNMENT
S.MANIKUMAR
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
