Nagpur: The Nagpur bench of Bombay high court has restrained authorities from taking coercive action against petitioner schools regarding recovery of fee, till further orders. Petitioner Unaided Schools Welfare Association Nagpur (USWAN) approached the court for relief from alleged harassment by education department through written orders and actions which are “not within the law”.
USWAN, comprising around 40 private unaided schools in district, put before the court copies of letters from the education department which it called ultra vires (acting or done beyond one’s legal power or authority). The petition said that schools are being “harassed, intimidated and threatened by the respondents of coercive actions, fined, criminal proceedings and recovery, all being manifest abuse of power and authority, thus compelling the petitioner to approach the honourable court.”
Petitioners argued that there is no government resolution which prohibits schools from recovering pending fees. It added that the petitioners have not hiked fee this year.
The petition stated that, “Bombay high court passed three judgements and dismissed all the petitions filed by parents and parents associations and directed them to approach the state government to ventilate their grievances relating to relief from payment of school fee.”
The bench, headed by justices Sunil Shukre and AG Gharote, noted that, “Having considered the contentions raised on behalf of the petitioner that the division bench at principal seat, Mumbai, in the bunch of writ petitions has taken up the prima facie view that GR dated May 8 is without jurisdiction, there being no power vested in the government to interfere with the affairs of private unaided schools which are run on permanently unaided basis and that schools are not insisting upon the payment of any fees by the students admitted under the provisions of RTE. It is directed that until further orders, no coercive steps be taken against the petitioners, in relation to recovery of fees.” Senior advocate Sunil Manohar, along with advocates Vishwas Kukday and Willson Mathew, appeared for the petitioners.
Earlier this month, another CBSE school challenged the education department’s order to return fees to students. Ashish Sarkar, principal of Bhavan’s Girdhardas Mohta Vidya Mandir, said, “No details were given on how they arrived at that figure. Even after repeated communication education department did not respond, following which we sought relief from the court. On November 17 we received copy of the court order which said no coercive action can be taken by the department.” The petitioner school was represented by senior advocate MG Bhangde along with advocate Shajal Sarda.