Maharashtra govt issues GR to cut fees by 15%, critics cry ‘eyewash’

MUMBAI: The state government on Thursday issued a government resolution (GR) asking schools to slash fees by 15% in this academic year, a move critics dismissed as an “eyewash” in the absence of legislative changes in the Fee Regulation Act. The BJP dubbed it a move “by a government of education barons”.
A similar GR issued on May 8, 2020 was challenged in the Bombay high court by the Unaided Schools Forum and stayed unimplemented. “This year’s GR is an eyewash again and will be challenged in the HC. Another academic year will pass in only fighting for a fee reduction,” said advocate Anubha Sahai, president of the India Wide Parents Association.
Last month, the state had considered amending the Maharashtra Educational Institutions (Regulation of Fees) Act of 2018. A draft ordinance was placed before the cabinet on July 14. On Wednesday, senior ministers took objection to promulgation of an ordinance.
The GR calls for a refund to students who have paid complete fees. It also asks schools not to debar students from online classes for non-payment of fees. But most players in the education sector say the GR is a mere advisory in the absence of amendments to the governing law and has no legal mandate.
Unaided Schools Forum secretary S C Kedia said the government has “obviously not read” the SC’s judgement in the Rajasthan case, which was meant to provide a framework for its decision. “It is clear that the state cannot use such a GR for reduction of fees under the Fee Regulation Act,” he said.
The government had come out with a similar GR in May 2020 which was initially stayed by Bombay high court. It was vacated in March 2021, but the court reiterated that parents had to pay the fees. A group of 15 parents, however, filed a special leave petition in the Supreme Court challenging the HC order. The apex court cited the Rajasthan schools’ judgement and asked the state to reduce fees by 15%.
Kedia, however, said the SC judgement will not be applicable for fees of 2021-22. “We will challenge the GR in high court soon. Such a GR will again create chaos and unrest between parents and management,” he added.
The GR was also criticised by the BJP which called it a move initiated by “a government of education barons”. It is unlikely that fees will be waived, or “it won’t be surprising if fees are raised and then reduced,” said Opposition leader Devendra Fadnavis.
Parents’ bodies too said the GR was toothless. Under the rules, any dispute has to be referred to a Divisional Fee Regulatory Committee. “A group of 25% parents are needed to approach the committee. We have been asking for individual parents to be allowed to submit their grievances before the committee,” said Prasad Tulaskar, one of the parents who had approached the SC.
He said that only an ordinance can give the state the power to regulate unaided schools fees, “but that will not happen as many of the big schools are owned by politicians”. This is also why the state has delayed financial audits of private schools, alleged parents.
BJP MLA Atul Bhatkalkar from Kandivli East said the chief minister must reveal names of ministers who opposed an ordinance or the BJP would reveal the number of schools run by them. “We will continue our agitation against the school fee hike,” he said.